GIFT  OF 

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327-308-5M. 


THE 

TERRELL   ELECTION 

LAW. 


EMBRACING 

ALL  AMENDMENTS 

TO  DATE. 


W.  R.  DAVIE, 

Secretary  of  State. 


1908.;  ::•,'-.:;; 


AUSTIN,  TEXAS: 
VON  BOKCKMANN  JONES  CO.,  PRINTERS. 


THE  TERRELL  ELECTION  LAW. 


ELECTIONS-MANNER  OF  HOLDING  AND  MAKIN.G 

RETURNS. 


SUFFRAGE. 

SUCTION  1.  The  following  classes  of  persons  shall  not  he  allowed  to  vote  in 
this  State:  First,  persons  under  twenty-one  years  of  age;  second,  idiots  and 
lunatics;  third,  all  paupers  supported  hy  the  county;  fourth,  all  persons  con- 
victed of  any  felony,  except  those  restored  to  full  citizenship  and  right  of  suf- 
frage, or  pardoned;  fifth,  all  soldiers,  marines  and  seamen  employed  in  the 
service  of  the  army  or  navy  of  the  United  States. 

SEC.  2.  Every  male  person  subject  to  none  of  the  foregoing  disqualifications 
who  shall  have  attained  the  age  of  twenty-one  years,  and  who  shall  be  a  citizen 
of  the  United  States,  and  Avho  shall  have  resided  in  this  State  one  year  next 
preceding  an  election  and  the  last  six  months  within  the  district  or  county  in 
which  he  offers  to  vote,  shall  be  deemed  a  qualified  elector;  and  every  male 
person  of  foreign  birth,,  subject  to  none  of  the  foregoing  disqualifications,  who 
has  not  less  than  six  months  before  an  election  in  which  he  offers  to  vote 
declared  his  intention  to  become  a  citizen  of  the  United  States,  in  accordance 
with  the  Federal  naturalization  laws,  and  shall  have  resided  in  this  State  one 
year  next  preceding  such  election  and  the  last  six  months  in  the  county  in 
which  he  offers  to  vote  shall  also  be  deemed  a  qualified  voter;  and  all  electors 
shall  vote  in  the  voting  precinct  of  their  residence;  provided,  that  the  electors 
living  in  an  unorganized  county  may  vote  at  an  election  precinct  in  the 
county  to  which  such  county  is  attached  for  judicial  purposes;  and  provided 
further,  that  any  voter  who  is  subject  to  pay  his  poll  tax  under  the  laws  of 
the  State  of  Texas  or  ordinances  of  any  city  or  town  in  this  State  shall  have 
paid  said  tax  before  he  offers  to  vote  at  any  election  in  this  State,  and  hold  a  re- 
ceipt showing  the  payment  of  his  poll  tax  before  the  first  day  of  February  next 
preceding  such  election;  if  he  is  exempt  from  paying  a  poll  tax  and  resides  in  a 
city  of  ten  thousand  inhabitants  or  more  he  must  procure  a  certificate  showing 
his  exemption,  as  required  by  this  act.  Or  if  such  voter  shall  have  lost  or  mis- 
placed said  tax  receipt  he  shall  be  entitled  to  vote  upon  making  affidavit  before 
any  officer  authorized  to  administer  oaths  that  such  tax  was  actually  paid  by 
him  before  said  first  day  of  February  next  preceding  such  election  at  which 
he  offers  to  vote  and  that  said  receipt  has  been  lost.  Such  affidavit  shall  be 
made  in  writing  and  left  with  the  judge  of  the  election.  Provided,  that  in  any 
election  held  only  in  a  subdivision  of  a  county  for  the  purpose  of  determining 
any  local  question  or  proposition  affecting  only  such  subdivision  of  the  county, 
then  in  addition  to  the  foregoing  qualifications  the  voter  must  have  resided  in 
said  subdivision  of  the  county  for  six  months  next  preceding  such  election. 

SEC.  3.  All  qualified  electors  of  this  State,  as  described  in  the  foregoing 
sections,  who  shall  have  resided  for  six  months  immediately  preceding  an  elec- 
tion within  the  limits  of  any  city  or  incorporated  town,  shall  have  a  right  to 
vote  for  mayor  and  all  other  elective  officers,  but  in  all  elections  to  determine 
the  expenditure  of  money  or  assumption  of  debt,  or  issuance  of  bonds,  only 
those  shall  be  qualified  to  vote  who  pay  taxes  on  property  in  such  city  or  in- 
corporated town ;  provided,  that  no  poll  tax  for  the  payment  of  debts  thus 
incurred  shall  be  levied  upon  the  person  debarred  from  voting  in  relation  thereto. 

SEC.  4.  The  residence  of  a  single  man  is  where  he  usually  sleeps  at  night; 
that  of  a  married  man  is  where  his  wife  resides,  or  if  he  be  permanently  sep- 
uated  from  his  wife,  his  residence  is  where  he  sleeps  at  night;  provided,  that 
the  residence  of  one  who  is  an  inmate  or  officer  of  a  public  asylum  or  eleemosv- 

257179 


— 4— 

nary  institute,  or  who  is  employed  as  a  clerk  in  one  of  the  departments  of 
government  at  the  capital  of  this  State,  or  who  is  a  student  of  a  college  or 
university,  unless  such  officer,  clerk,  inmate  or  student  has  become  a  bona  fide 
resident  citizen  in  the  county  where  he  is  employed,  or  if  such  student,  shall 
be  construed  to  be  where  his  home  was  before  he  became  such  inmate  or  officer 
in  such  eleemosynary  institute  or  asylum,  or  was  employed  as  such  clerk  or 
became  such  student:  and  if  on  payment  of  his  poll  tax  he  would  be  a  qualified 
voter  he  shall  be  permitted  to  return  during  the  month  of  January  in  each 
year  to  his  home  to  pay  his  poll  tax  or  obtain  his  certificate  of  exemption,  and 
shall  be  permitted  to  return  again  to  his  home  to  vote  at  any  general  or  pri- 
mary election.  The  inmates  of  the  Confederate  Home  situate  within  the  limits 
of  the  city  of  Austin  shall  after  obtaining  their  certificates  of  exemption  l>r 
entitled  to  vote  for  State,  district,  municipal  and  county  officers. 

SEC.  5.  In  all  elections  by  the  people  the  vote  shall  be  by  official  ballot, 
which  shall  be  numbered  and  elections  so  guarded  and  conducted  as  to  detect 
fraud  and  preserve  the  purity  of  the  ballot.  Xo  registration  in  cities  with 
a  population  of  ten  thousand  or  more  shall  be  hereafter  required  as  a  quali- 
fication to  vote,  but  all  the  provisions  of  this  act  which  prescribes  qualifi- 
cations for  voting  and  which  regulate  the  holding  of  elections  shall  apply  to 
elections  in  cities. 

SEC.  6.  Every  male  person  who  is  more  than  sixty  years  old  or  who  is 
blind  or  deaf  and  dumb,  or  is  permanently  disabled,  or  has  lost  one  hand  or 
foot,  shall  be  entitled  to  vote  without  being  required  to  pay  a  poll  tax,  if  he 
has  obtained  his  certificate  of  exemption  from  the  county  collector  when  the 
same  is  required  by  the  provisions  of  this  act. 

ELECTION    PRECINCTS. 

SEC.  7.  The  county  commissioners'  court  of  each  county  shall  at  a  term  of 
their  court  to  be  held  in  August,  1905,  if  it  is  necessary  to  comply  with  the 
succeeding  provisions  of  this  act,  and  may,  if  they  deem  it  proper  at  each 
August  term  of  the  court  that  is  held  thereafter^  divide  their  respective  countie- 
and  counties  attached  thereto  for  judicial  purposes,  into  convenient  election 
precincts,  each  of  which  shall  be  differently  numbered  and  described  by  natural 
or  artificial  boundaries  or  survey  lines  by  an  order  to  be  entered  upon  the 
minutes  of  the  court.  They  shall  immediately  thereafter  publish  such  order 
in  some  newspaper  in  the  county  for  three  consecutive  weeks;  if  there  be  no 
newspaper  in  the  county,  then  such  sopy  of  such  order  shall  be  posted  in  some 
public  place  in  each  precinct  in  the  county.  Xo  election  precinct  shall  be 
formed  out  of  two  or  more  justice  precincts  nor  out  of  the  parts  of  two  or 
more  justice  precincts. 

SEC.  8.  The  county  commissioners'  court  in  establishing  new  election  pre- 
cincts shall  divide  any  city  or  town  into  as  many  election  precincts  as  they 
see  proper,  none  of  which  shall  have  resident  therein  more  than  three  hundreu 
and  fifty  voters,  as  ascertained  by  the  vote  of  the  last  preceding  general  city 
or  town  election.  Every  ward  in  every  incorporated  city,  town  or  village  shall 
constitute  an  election  precinct,  unless  there  shall  have  been  cast  in  the  said 
ward  at  the  last  general  city  or  town  election  held  therein  more  than  three 
hundred  and  fifty  votes.  Towns  and  villages  incorporated  in  accordance  with 
Chapter  2,  Title' XVIII.  of  the  Revised  Civil  Statutes  of  1895,  and  cities  and 
towns  incorporated  under  Chapter  1.  Title  XVI 11,  Revised  Statutes  of  1895. 
shall  not  necessarily  constitute  election  precincts  and  no  precinct  shall  be  made 
out  of  parts  of  two"  wards.  Provided,  that  this  section  shall  not  apply  to  cities, 
towns  and  villages  of  less  than  ten  thousand  inhabitants,  and  in  such  cities, 
towns  and  villages  the  justice  precincts  in  which  said  cities,  towns  and  villages 
are  situated  may  be  divided  into  election  precincts  without  regard  to  the  wards 
of  such  cities,  t<-wns  and  villages  and  without  reference  to  the  number  of  votes 
to  be  cast. 

SEC.  9.  In  towns  or  cities  incorporated  under  the  general  laws  for  city  or 
town  elections,  the  city  council  may  provide  that  there  shall  be  one  or  more 
polling  places,  and  in  such  ease  the  certified  list  of  poll  tax  paying  voters  for 
all  election  precincts  in  which  voters  reside  who  are  to  vote  at  any  such  polling 
place  shall  be  used  therefor. 

SEC.    10.     The  rountv   coinmi*>ionor<*   court    shall    cause   to   be    made   out    im»; 


— 5— 

delivered  to  tin-  county  collector  of  taxes  before  ilic  iir-,1  day  of  September. 
A.  D.  l!Wf>,  and  annually  thereafter,  a  certified  copy  of  the  Last  order  fixing 
the  limits  and  designating  the  number  or  name  of  each  precinct  for  the  year 
following. 

SEC.  11.  Precinct  judges  for  all  general  elections  shall  be  served  with 
copies  of  the  order  of  the  county  commissioners'  court,  properly  certified  to  by 
the  clerk  of  the  said  court,  designating  the  number,  name  and  bounds"  of  the 
election  precinct  and  of  their  appointment  as  judges.  Such  service  shall  be 
made  by  the  sheriff  or  a  constable  within  ten  days  after  the  entry  of  such 
order  and  return  shall  he  made  thereof  on  a  copy  showing  when,  where  and 
ho\v  he  executed  the  same. 

POLL    TAX     i:K(  KIPTS     AM)    CKKTI FU '  ATKS    OF    EXEMPTION. 

SEC.  12.  The  poll  tax  required  by  the  Constitution  and  laws  in  force  shall 
be  collected  from  every  male  person  between  the  ages  of  twenty-one  and  sixty, 
who  resided  in  this  State  on  the  first  day  of  January  preceding  its  levy;  Indians 
not  taxed;  persons  insane,  blind,  deaf  or  dumb  and  those  who  have  lost  a 
hand  or  foot  or  permanently  disabled  excepted;  which  tax  shall  be  collected 
and  accounted  for  by  the  tax  collector  each  year  and  appropriated  as  required 
by  law.  It  shall  be  paid  at  any  time  between  the  first  day  of  October  and 
the  first  day  of  February  following,  and  the  person  when  he  pays  it  shall  be 
entitled  to  his  poll  tax  receipt,  even  if  his  other  taxes  are  unpaid. 

SEC.  13.  The  poll  tax  due  from  citizens  of  unorganized  counties  shall  be 
paid  in  the  county  to  which  the  unorganized  county  is  attached  for  judicial 
purposes. 

SEC.  14.  The  commissioners'  court  of  each  county  shall,  before  the  first  day 
of  October  every  year,  furnish  to  the  county  tax  collector  a  blank  book  for 
each  voting  precinct,  which  shall  be  marked  with  the  name  and  number  of  tha- 
precinct  for  which  it  is  intended.  Each  book  shall  contain  a  sufficient  number 
of  blank  poll  tax  receipts  for  each  voting  precinct  not  in  a  city  of  ten  thousand 
inhabitants  or  more  and  not  exceeding  three  hundred  and  fifty  blank  poll  tax 
receipts  and  certificates  of  exemptions  for  each  precinct  in  a  city  of  ten  thousand 
inhabitants  or  more,  of  which  not  more  than  sixty  shall  be  certificates  of 
exemptions,  and  a  greater  or  less  number  of  each  in  the  same  proportion  when 
sufficient  for  the  voters  of  the  precinct.  Each  receipt  and  certificate  shall  in 
each  such  book  be  bound  immediately  over  a  duplicate  copy  thereof,  which 
duplicate  copy  when  filled  out  shall  correspond  with  the  receipt  or  certificate 
in  its  number,  the  name,  length  of  residence  in  the  State  or  county,  the  voting 
precinct,  race,  occupation  and  postoffice  address  of  the  citizen  to  whom  the  tax 
receipt  or  certificate  of  exemption  is  given.  If  the  voting  is  in  a  city,  the  receipt 
or  certificate  and  duplicate  must  show  the  ward,  street  and  number,  if  num- 
bered, of  the  citizen's  residence  (in  lieu  of  postoffice  address),  and  the  length 
of  time  he  lias  resided  in  such  city.  The  receipts  and  certificates  shall  be  num- 
bered in  consecutive  order.  Similar  blank  books  of  poll  tax  receipts  shall  be 
furnished  to  each  unorganized  county  attached  to  such  county  for  judicial 
purposes,  except  that  the  voting  precinct  need  not  appear  therein.  When  the 
tax  receipt  or  certificate  is  delivered  to  the  citizen  it  shall  be  detached  from 
the  book  and  retained  by  him  for  his  future  use  and  identification  in  voting. 

SEC.  15.  Before  the  first  day  of  April  every  year  the  county  collector  of 
taxes  shall  deliver  to  the  board  that  is  charged  with  the  duty  of  furnishing 
election  supplies  separate  certified  lists  of  the  citizens  in  each  precinct  who 
have  paid  their  poll  tax  or  received  their  certificates  of  exemption,  the  imme- 
heing  arranged  m  alphabetical  order  and  to  each  name  its  appropriate  number, 
as  shown  by  the  duplicates  retained  in  his  office,  with  a  description  of  the  voter 
as  to  his  residence,  his  voting  precinct,  length  of  his  residence  in  the  State  and 
county,  his  race,  occupation  and  postoffice  address  if  not  in  a  city  of  more  than 
ten  thousand  inhabitants.  If  the  county  has  any  unorganized  county  or  coun- 
ties attached  to  it  for  judicial  purposes,  the  collector  of  taxes  shall  also  deliver 
to  said  board  before  the  first  day  of  April  of  each  year,  as  many  certified  lists 
of  the  electors  resident  in  such  unorganized  county  or  counties  who  have  pai  ! 
their  poll  tax  or  received  the  certificate  of  exemption  as  there  are  election  pre- 
cincts in  his  county,  which  lists  shall  be  identical  with  those  of  poll  tax  payer*- 
in  his  own  county,  except  that  the  voting  precinct  shall  not  be  stated.  The- 
tax  collector  of  any  county  containing  a  town  or  city  of  more  than  ten  thousand 


inhabitants  shall  also  furnish  to  said  board,  not  less  than  four  days  prior  to 
any  primary  or  general  election,  supplemental  lists  in  the  form  herein  pre- 
scribed, of  all  poll  tax  paying  voters  who  have  since  paying  their  poll  tax 
removed  to  each  voting  precinct  in  each  such  city  or  town  in  the  county  from 
another  county  or  in  another  precinct  in  the  same  county.  Said  board  shall 
furnish  each  presiding  judge  of  a  precinct  the  certified  list  and  supplemental 
list  of-  the  voters  of  his  precinct  at  the  time  when  he  furnishes  other  election 
supplies.  Such  certified  lists  of  qualified  voters  shall  be  in  the  following  form: 

VOTERS  IX  ELECTION  PRECINCTS. 

No 

Name     

Precinct    

Age    

Length  of  residence  in  State 

Length  of  residence  in  county 

Occupation    

Race     

Length  of  residence  in  city  and  ward 

Street  and  No.  of  residence 

Pustoffice    address    . 


SEC.  16.  Each  poll  tax  receipt  and  its  duplicate  shall  show  the  name  of  the 
party  for  whom  it  was  issued,  the  payment  of  the  tax,  age.  his  race,  the  length 
of  time  he  has  resided  in  the  State,  the  length  of  time  he  has  resided  in  the 
county,  the  voting  precinct  in  which  he  lives,  except  when  he  lives  in  an  un- 
organized county,  his  occupation,  his  postoffice  address,  or  if  he  lives  in  an 
incorporated  city,  ward,  street  and  number  of  his  residence,,  if  numbered,  and 
the  length  of  time  he  has  resided  in  such  city  or  town.  If  the  owner  does  not 
reside  in  a  city  of  ten  thousand  inhabitants  or  more  his  poll  tax  must  either 
be  paid  by  him  in  person  or  by  some  one  duly  authorized  by  him  in  writing  to 
pay  the  same  and  to  furnish  the  collector  the  information  necessary  to  fill  out 
the  blanks  in  the  poll  tax  receipt.  Such  authority  and  information  must  be 
signed  by  the  party  who  owes  the  poll  tax  and  must  be  deposited  with  the  tax 
collector  and  filed  and  preserved  by  him.  But  in  no  event  shall  any  candidate 
for  office  pay  the  poll  tax  for  another.  In  all  cases  where  the  taxpayer  resides 
in  a  city  of  ten  thousand  inhabitants  or  more  the  tax  must  be  paid  in  person 
by  the  taxpayer  entitled  to  the  receipt,  except  as  provided  by  this  act,  and 
when  in  cases  permitted  by  this  act  the  tax  is  paid  by  an  agent  the  tax  receipt 
shall  not  be  delivered  to  such  agent,  but  shall  be  sent  by  mail  to  the  taxpayer 
or  kept  and  delivered  to  him  in  person  by  the  tax  collector;  provided,  that  no 
person  shall  for  or  on  behalf  of  any  candidate  for  office  or  person  interested  in 
any  question  to  fee  voted  on,  pay  the  poll  tax  for  another,  provided,  any  person 
wrho  has  bought  the  property  of  another,  which  property  is  legally  bound  for 
the  payment  of  any  poll  tax  may  pay  the  poll  tax  of  such  former  owner,  but 
the  collector  in  such  case  shall  'not  issue  a  poll  tax  receipt  authorizing  any 
person  to  vote,  but  shall  give  the  party  paying  the  same  an  ordinary  memoran- 
dum receipt  therefor,  but  such  memorandum  receipts  shall  not  state  either  thf> 
race,  occupation  or  residence  of  the  taxpayer. 

SEC.  17.  In  all  counties  containing  a  city  of  ten  thousand  inhabitants  or 
more,  other  than  the  county  seat  of  such  county,  it  shall  be  the  duty  of  such 
collector  to  have  a  duly  authorized  and  sworn  deputy  to  represent  him  for  tin; 
purpose  of  accepting  poll  taxes  and  giving  receipts  therefor,  who  shall  keep 
his  office  for  such  purpose  at  some  convenient  place  in  such*  city  during  th« 
entire  month  of  January  of  each  year  and  he  shall  publish  four  weeks  notice  of 
the  authority  of  such  deputy  and  the  location  of  the  office. 

SEC.  18.  The  poll  tax  receipt  shall  be  in  the  following  form  and  numbered 
consecutively  in  each  book  provided  for  in  this  act : 

Poll  Tax  Receipt. 

No 

State  of  Texas,  County  of 

Received  of   on  the day  or 

A.  D.  190 ,  the  sum  of dollars, 

in  payment  of  poll  tax  for  the  year  A.  D.  190.  .  .  . 


The  said  taxpayer  being  duly  sworn  by  me,  says  that  he  is 

years  old;  that  he  resides  in  voting  precinct  No in 

county;  that  his  race  is ;  that  he  has  resided  in  Texas 

years,  and  in county years ;  that 

ho  is  by  occupation ;  that  his  postoffice  address  is 

(If  in  an  incorporated  city  or  town,  a  blank  must  be  provided  for  the  ward, 
street  and  number  of  residence  in  lieu  of  his  postoffice  address,  and  length  of 
time  he  has  resided  in  such  city  or  town.) 

All  of  which   I  certify. 

( Seal )  ( Signed ) 

Tax  Collector County,  Texas. 

SEC.  19.  Every  person  who  is  exempted  by  law  from  the  payment  of  a  poll 
tax  and  who  is  in  other  respects  a  qualified  voter,  who  resides  in  a  city  of  ten 
thousand  inhabitants  or  more,  shall  after  the  first  day  of  October,  and  before 
the  first  day  of  February  following,  before  he  offers  to  vote,  obtain  from  the 
tax  collector  of  the  county  of  his  residence  a  certificate  showing  his  exemption 
from  the  payment  of  a  poll  tax.  Such  exempt  person  shall  on  oath  state  his 
name,  county  of  his  residence,  occupation,  race,  age,  the  length  of  time  he  has 
resided  in  Texas,  the  length  of  time  he  has  resided  in  the  county  and  the  length 
of  time  he  has  resided  in  the  city,  and  the  ward  and  voting  precinct  in  which 
his  residence  is  located,  the  street  and  number  of  his  'residence,  if  numbered 
He  shall  also  state  the  grounds  on  which  he  claims  exemption  from  the  pay- 
ment of  a  poll  tax.  Such  certificate  shall  be  detached  from  said  book  leaving 
thereunder  a  duplicate  carbon  or  other  copy  thereof,  which  shall  contain  the 
same  description,  and  the  original  shall  be  delivered,  bearing  its  proper  number, 
to  the  citizen  in  person  to  identify  him  in  voting.  Certificates  of  exemption 
for  each  precinct  shall  be  numbered  consecutively,  beginning  at  one.  They 
ahall  be  in  the  following  form: 

Certificate  of  Exemption  from  Poll  Tax. 

No 

State   of   Texas.   County   of 

I,   tax  collector  for  said  county,  Texas,  do  hereby  certify 

that personally  appeared  before  me  on  the.  . 

day  of A.  D ,  and  being  sworn,  said  his 

name  is   ;  that  his  race  is ;  that  he  is 

years  old;   that  his  occupation  is. ;  that  he  has  resided  in 

Texas  for years ;   in  the  county  of for 

years,  and  in  the  city  of for years ;  that  he 

now  resides  in  precinct  No 3  in  ward  No ;   and  on 

street,  and  in  house  No (if  numbered)  : 

that  he  is  exempt  from  the  payment  of  the  poll  tax  by  reason  of 

and  that  he  is  a  qualified  voter  under  the  Constitution  and  laws  of  Texas. 

(Seal)  (Signed) 

Tax  Collector County,  Texas. 

SEC.  20.  Whenever  the  county  collector  shall  have  reason  to  believe  that  a 
citizen  who  has  paid  his  poll  tax  or  received  a  certificate  of  exemption  has 
sworn  falsely  to  obtain  the  same,  he  shall  report  the  facts  upon  which  such 
belief  is  founded  to  the  next  grand  jury  organized  in  the  county. 

SEC.  21.  If  a  citizen  in  a  city  of  ten  thousand  inhabitants  after  receiving 
his  poll  tax  receipt  or  certificate  of  exemption  removes  to  another  ward  in  the 
same  city  before  the  next  election  he  may  vote  at  any  general  election  in  the 
ward  of  his  new  residence  by  presenting  his  poll  tax  receipt  or  certificate  of 
exemption  to  the  precinct  election  judges  or  by  making  affidavit  that  it  has 
been  lost  or  misplaced,  which  affidavit  shall  be  left  with  the  judges  and  be 
forwarded  with  the  election  returns.  But  in  all  such  cases  if  the  removal  was 
to  the  ward  of  his  new  residence  in  the  same  city  before  the  certified  list  of 
voters  was  delivered  to  the  precinct  judges  he  shall  appear  before  the  collector 
of  taxes  not  less  than  five  days  before  such  election  or  primary  election,  and 
obtain  a  corrected  receipt  or  certificate  arid  his  name  shall  be  added  to  the  list 
of  voters  for  the  precinct  of  his  new  residence,  and  he  shall  not  vote  in  that 
event  unless  his  name  appears  on  the  certified  list  of  voters. 

SEC.   22.     If   a    citizen    after    receiving   his    poll    tax    receipt   or    certificate   of 


Exemption  removes  to  another  county  or  to  another  precinct  in  the  same  county 
he  may  vote  at  an  election  iu  the  precinct  of  his  new  residence  in  such  other 
county  or  precinct  by  presenting  his  poll  tax  receipt  or  his  certificate  of 
exemption  or  his  written  affidavit  of  its  loss  to  the  precinct  judges  of  election, 
and  where  he  paid  such  poll  tax  or  received  such  certificate  of  exemption,  and 
by  making  oath  that  he  is  the  identical  person  described  in  such  poll  tax  receipt 
or  certificate  of  exemption  and  that  he  then  resides  in  the  precinct  whero  hi; 
offers  to  vote  and  has  resided  for  the  last  six  months  in  the  district  or  county 
in  which  'he  offers  to  vote  and  twelve  months  in  the  State.  But  no  sueL  person 
shall  be  permitted  to  vote  in  a  city  of  ten  thousand  inhabitants  or  more  unless 
he  has  first  presented  to  the  tax  collector  of  his  residence  his  tax  receipt  or 
certificate  not  less  than  four  days  prior  to  such  election  or  primary  election 
or  made  affidavit  of  its  loss  and  where  he  paid  such  poll  tax  or  received  such 
certificate  of  exemption,  who  shall  thereupon  add  his  name  to  the  list  of  qualified 
voters  of  the  precinct  of  his  new  residence,  and  unless  he  has  done  this  and  his 
name  appears  in  the  certified  list  of  voters  of  the  precinct  of  his  residence  he 
shall  not  vote. 

SEC.  23.  Every  male  person  who  will  be  twenty-one  years  old  on  or  before 
the  day  of  an  election  and  was  not  subject  to  a  poll  tax  preceding  the  election 
at  Avhich  he  desires  to  vote,  and  who  by  reason  of  minority  has  not  theretofore 
been  subject  to  a  poll  tax  but  has  or  w7ill  become  twenty-one  years  old  on  or 
before  the  date  of  any  election,  and  who  possesses  all  the  other  qualifications 
of  a  voter,  shall  be  entitled  to  vote  at  such  election,  if  he  has  obtained  a  certifi- 
cate of  exemption  from  the  county  collector  before  the  first  day  of  February, 
which  shall  specify  the  day  when  he  will  be  twenty-one  years  old,  and  contain 
all  the  other  requisites  of  a  certificate  of  exemption.  Before  the  certificate  of 
exemption  shall  issue  the  applicant  therefor  shall  make  written  affidavit  of  his 
age  to  be  administered  and  certified  to  by  the  county  collector,  who  shall  file 
and  preserve  the  same. 

SEC.  24.  The  county  collector  is  authorized  to  administer  oaths  and  certify 
thereto  under  the  seal  of  his  office  in  every  case  where  an  oath  is  required  in 
complying  with  any  portion  of  this  act  connected  with  his  official  duties. 

SEC'  25.  If  a  person  residing  in  a  city  of  ten  thousand  inhabitants  who  is 
subject  to  pay  a  poll  tax  intends  to  leave  the  precinct  of  his  residence  before 
the  first  day  of  October,  with  the  intention  not  to  return  until  after 
the  first  day  of  the  following  February  and  does  not  return  before  that  time 
he  shall  be  entitled  to  vote,  if  possessing  all  other  legal  qualifications,  by  pay- 
ing his  poll  tax  or  obtaining  his  certificate  of  exemption  through  an  agent 
authorized  by  him  in  writing,  which  shall  state  truly  his  intention  to  depart 
from  the  precinct,  the  expected  period  of  his  absence  and  every  fact  necessary 
to  enable  the  tax  collector  to  fill  the  blanks  in  his  receipt.  Such  authority 
in  fact  must  be  sworn  to  by  the  citizen  and  certified  to  by  some  officer  author- 
ized to  administer  oaths.  It  shall  be  deposited  with  the  tax  collector  and  kept 
in  his  office  who  shall  also  retain  the  possession  of  the  tax  receipt  or  certificate 
until  he  delivers  it  in  person  to  the  citizen,  and  in  no  event  shall  the  agent 
receive  it. 

SEC.  26.  If  the  county  collector  does  not  personally  know  one  who  applies 
to  pay  his  poll  tax  or  secure  his  certificate  of  exemption  from  its  payment,  as 
being  a  resident  in  the  precinct  which  such  person  claims  as  that  of  his  resi- 
dence, it  shall  be  the  duty  of  such  collector  to  require  proof  of  such  residence. 
and  if  he  has  reason  to  believe  such  person  has  falsely  stated  his  age,  occu- 
pation, precinct  of  his  residence,  or  the  length  of  his  residence  in  the  State. 
county  and  city,  he  shall  require  proof  of  such  statement,  and  if  on  inquiry 
he  is  satisfied  that  said  person  has  sworn  falsely,  he  shall  make  a  memorandum 
of  the  word  used  in  such  statement  and  present  the  same  to  the  foreman  of 
the  next  grand  jury. 

SEC.  27.  No  one  shall  knowingly  give  money  to  a  citizen  to  pay  his  poll 
tax,  nor  shall  any  one  keep  the  poll  tax  receipt  of  another  person  in  his  pos- 
session or  under  his  control,  except  in  cases  specially  authorized  by  law. 

SEC.  28.  On  or  before  the  tenth  day  of  March  of  each  year  the  collector  01 
taxes  shall  make  statement  to  the  county  clerk  showing  how  many  poll  tax 
receipts  he  has  issued;  said  statement  shall  show  how  many  poll  tax  receipts 
have  been  issued  and  to  whom  issued  in  each  voting  precinct  in  the  county, 
and  such  statement  shall  become  a  record  of  the  count v  commissioners  court. 


SKI  .  •».).  The  county  collector  shall  keep  securely  in  u  ^ufe  place  the  dupli- 
cates for  each  precinct  from  which  poll  tax  receipts  and  certificates  of  exemp- 
tion have  been  detached  and  they  must  remain  there  except  when  taken  out 
for  examination,  which  must  always  be  done  in  his  presence,  but  they  shall  be 

burned   by  the  county   jistlge  at    the  expiration   of  three  years. 

WIMTS     OF    ELECTION". 

>i .<  .  30.  Notice  shall  be  given  to  the  people  of  all  elections  for  State  and 
district  officers.,  electors  for  President  and  Vice-President  of  the  United  States, 
members  of  Congress,  members  of  the  Legislature  and  all  officers  who  are  elec- 
tive every  two  years.  Such  notices  shall  be  by  proclamation  by  the  Governor 
ordering  the  election,  not  less  than  thirty  days  before  the  election,  issued  and 
mailed  to  the  several  county  judges. 

SKC.  31.  The  county  judge,  or  if  his  office  is  vacant,  or  if  he  fails  to  act, 
then  two  of  the  county  commissioners  shall  order  an  election  for  county  and 
precinct  officers  and  all  other  elections  which  under  the  law  the  county  judge 
may  be  authorized  to  order.  The  county  judge  or  county  commissioners,  a? 
the  case  may  be,  shall  issue  writs  of  election  ordered  by  him  or  them,  in  whiclt 
shall  be  stated  the  office  or  offices  to  be  filled  by  the  election  or  the  question 
to  be  voted  on,  or  both,  as  the  case  maybe,  and  the  day  of  election.  A  failure 
from  any  cause  on  the  part  of  the  Governor  or  the  county  judge  or  com- 
missioners court,  or  of  both,  to  order  or  give  notice  of  any  general  election 
shall  not  invalidate  the  same  if  otherwise  legal  and  regular. 

SKC.  32.  The  Secretary  of  'State  shall  at  least  thirty  days  before  the  general 
election  prescribe  to  the  county  judge  of  each  county  forms  of  all  blanks  neces- 
sary under  this  act. 

NOTICE    OF    AN    ELECTION. 

SEC.  33.  The  county  judge,  or  if  he  fails  to  act,  then  two  county  commis- 
sioners, shall  cause  notice  of  a  general  election  or  any  special  election  to  be 
published  by  posting  notice  of  election  at  each  precinct  thirty  days  before  the 
election,  which  notice  shall  state  the  time  of  holding  the  election,  the  office 
to  be  filled,  or  the  question  to  be  voted  on,  as  the  case  may  be;  provided  that 
in  local  option,  stock  law  and  road  tax  elections  the  notices  of  elections  or  any 
other  special  election  specially  provided  for  by  the  laws  of  this  State  shall  be 
given  in  compliance  with  the'  requirements  of  laws  heretofore  or  hereafter  en- 
acted governing  said  elections  respectively,  and  provided  also  that  if  a  vacancy 
occurs  in  the  State  Senate  or  House  of  Representatives  during  the  session  of 
the  Legislature  or  within  ten  days  before  it  convenes,  then  twenty  days  notice 
of  a  special  election  to  fill  such  vacancy  shall  be  sufficient.  Posting  of  notice 
of  an  election  shall  be  made  by  the  sheriff  or  a  constable,  who  shall  make 
return  on  a  copy  of  the  writ  how  and  when  he  executed  the  same. 

SEC.  34.  In  all  city,  town  and  village  elections  the  mayor,  or  if  he  fails  to, 
then  the  board  of  aldermen  or  the  officials  in  whom  authority  is  vested  by 
law,  shall  order  elections  pertaining  alone  to  municipal  affairs,  give  notice 
and  appoint  election  officers  to  hold  the  election  unless  a  different  method  be 
prescribed  by  the  charter  of  such  city,  town  or  village;  but  in  all  cases  super- 
visors may  be  selected  as  in  general  elections  and  the  judges  and  clerks  shall 
each  be  selected  from  different  parties  when  practicable. 

SEC.  35.  In  all  cases  of  vacancy  in  a  civil  office  in  the  State,  caused  by 
death  or  resignation  or  otherwise,  the  vacancy  of*  which  is  to  be  filled  by  elec- 
tion, the  officer  or  officers  authorized  by  this  act  to  order  elections  shall  imme- 
diately make  such  order,  fixing  the  day,  not  exceeding  thirty  days  after  the 
first  public  notice  of  such  order  to  fill  the  unexpired  term. 

ELECTION    RETURNS. 

0.  36.  Returns  of  elections  shall  be  made  under  existing  law  contained  in 
Articles  1743  to  1749,  inclusive,  and  Articles  1753  to  1766,  inclusive,  of  the 
Revised  Statutes  of  Texas  of  1895,  and  also  Articles  1813  to  1815,  inclusive, 
of  said  Revised  Civil  Statutes  of  Texas,  as  amended  by  Chapter  26  of  the  Gen- 
eral Laws  of  the  Twenty-fifth  Legislature,  except  as  herein  otherwise  provided. 


—10— 

KLKCTION    SUPPLIES. 

SEC.  37.  Voting  booths  shall  be  furnished  and  used  at  elections  at  each 
voting  precinct  in  towns  or  cities  of  ten  thousand  inhabitants  or  more. 

SEC.  38.  There  shall  be  one  voting  booth  or  place  for  every  seventy  citizen-; 
who  at  the  last  general  election  paid  their  poll  tax  or  obtained  certificates  of 
exemption  from  its  payment,  and  who  reside  in  the  voting  precinct;  provided, 
the  judges  of  the  election  may  provide  as  many  more  booths  and  places  a^ 
they  shall  deem  necessary.  Each  polling  place,  whether  provided  with  voting 
booths  or  not,  shall  be  provided  with  a  guard  rail,  so  constructed  and  placed 
that  only  such  persons  as  are  inside  of  such  guard  rail  can  approach  the  ballot 
boxes  or  compartments,  places  or  booths  at  which  the  voters  are  to  prepare 
their  votes,  and  that  no  person  outside  of  the  guard  rail  can  approach  nearer 
than  six  feet  of  the  place  where  the  voter  prepares  his  ballot.  The  arrange- 
ment shall  be  such  that  neither  the  ballot  boxes  nor  voting  booths  nor  tin1 
voters  while  preparing  their  ballots  shall  be  hidden  from  view  of  those  outside 
the  guard  rail,  or  from  the  judges,  and  yet  the  same  shall  be  far  enough 
removed  and  so  arranged  that  the  voter  may  conveniently  prepare  his  ballot 
for  voting  in  secrecy.  There  shall  be  provided  in  each  voting  place  voting 
booths  where  voting  booths  are  required,  with  three  sides  closed  and  the  front 
side  open.  Each  booth  shall  be  twenty-two  inches  wide  on  the  inside,  thirty-two 
inches  deep  and  six  feet  four  inches  high,  and  shall  contain  a  shelf  for  con- 
venience of  the  voter  in  preparing  his  ballot,  and  the  booths  shall  be  constructed 
with  hinges  that  it  can  be  folded  up  for  storage  when  not  in  use.  The  county 
judge,  county  clerk  and  sheriff  shall  constitute  a  board,,  a  majority  of  whom 
may  act,  to  provide  the  supplies  necessary  to  hold  and  conduct  the  election, 
all  of  which  shall  be  delivered  to  the  presiding  judges  of  the  election  by  the 
sheriff  or  any  constable  of  the  county  when  not  called  for  and  obtained  in 
person  by  the  precinct  judges. 

SEC.  39.  For  all  supplies  furnished  by  the  county,  said  board  shall  file  with 
the  county  commissioners  court  a  written  report  of  their  action,  giving  detailed 
statement  of  the  expenses  incurred  in  procuring  such  supplies. 

SEC.  40.  Every  guard  rail  shall  be  provided  with  a  place  for  entrance  and 
exit.  The  arrangement  of  the  polling  place  shall  be  such  that  the  booths  or 
places  prepared  for  voting  can  only  be  reached  by  passing  within  the  guard 
rail,  and  the  booths,  ballot  boxes,  election  officers  and  every  part  of  the  polling 
place,  except  the  inside  of  the  booths,  shall  be  in  plain  view  of  the  election 
officers  and  persons  outside  the  guard  rail,  among  whom  may  be  one  challenger 
for  each  political  party  and  no  more. 

SEC.  41.  The  voting  booth  shall  be  so  arranged  that  there  shall  be  no  access 
to  them  through  any  doors,  window  or  opening  except  through  the  front  of 
the  booth,  and  the  same  care  shall  be  observed  in  precincts  where  there  are 
no  booths  in  protecting  the  foter  from  intrusion  while  he  is  preparing  his  ballot. 

SEC.  42.  When  voting  booths  are  not  required,  a -guard  rail  shall  be  so 
placed  that  no  one  not  authorized  can  approach  nearer  than  six  feet  of  the 
voter,  while  he  is  preparing  his  ballot,  and  a  shelf  for  writing  shall  be  pre- 
pared for  him,  with  black  lead  pencil,  and  so  screened  that  no  other  person 
can  see  how  he  prepares  his  ballot.  All  booths  and  voting  places  shall  be 
properly  lighted. 

SEC.  43.     For  each  election  precinct  there  shall  be  provided  four  ballot  boxes 
to  be  marked  as  follows:     "Ballot  box  No.  1  for  election  precinct  No.   . 
(giving  name  and  number  of  precinct)  ;  "Ballot  box  No.  2  for  election  precinct 

No ;"  "Ballot    box    No.    3    for    election    precinct    No :" 

"Ballot  box  No.  4  for  election  precinct  No " 

SEC.  44.  The  official  ballots  to  be  counted  before  delivery  and  sealed  up  and 
together  with  the  instruction  cards,  with  poll  lists,  tally  sheets,  distance  mark- 
ers, returning  blanks  and  stationery,  shall  be  delivered  to  the  precinct  judges, 
and  the  number  of  each  indorsed  on  the  package,  and  entered  of  record  by  the 
county  clerk  in  the  minutes  of  the  commissioners  court.  In  like  manner  shall 
be  sent  the  list  of  qualified  voters  for  the  precinct,  certified  to  by  the  collector, 
if  the  presiding  judge  has  not  already  received  it. 

SEC.  45.  If  from  any  cause  ballot  boxes,  voting  booths,  guard  rails  or  other 
election  supplies  have  not  been  received  by  the  presiding  judge,  he  shall  pro- 
cure them,  and  they  shall  be  paid  for  as  other  election  supplies,  and  if  the 


—11— 

certified  list  of  qualified  voters  is  not  in  his  possession  at  least  three  days 
before  the  election,  he  shall  send  for  and  procure  them;  provided,  that  in  all 
elections  in  incorporated  cities,  towns  and  villages,  the  mayor,  the  city  clerk, 
the  board  of  commissioners  or  aldermen,  shall  do  and  perform  each  and  every 
act  in  other  elections  required  to  be  done  and  performed  respectively  by  the 
county  judge,  the  county  clerk  or  the  county  commissioners  court,  and  the 
expense  of  all  city  elections  shall  be  paid  by  the  city  in  which  same  are  held. 

THE  OFFICIAL  BALLOT. 

SEC.  46.  No  ballot  shall  be  used  in  voting  at  any  general,  primary  or  special 
election  held  to  elect  public  officers,  select  candidates  for  office  or  determine 
questions  submitted  to  a  vote  of  the  people,  except  the  official  ballot,  unless 
otherwise  authorized  by  law.  At  the  top  of  the  official  ballot  shall  be  printed 
in  large  letters  the  words  "Official  Ballot."  It  shall  contain  the  printed  names 
of  all  candidates  whose  nominations  for  an  elective  office  have  been  duly  made 
and  properly  certified.  The  names  shall  appear  on  the  ballot  under  the  title 
of  the  party  that  nominates  them,  except  as  otherwise  provided  by  this  act. 

SEC.  47.  If  from  any  cause  the  official  ballots  furnished  for  an  election  pre 
cinct  have  been  exhausted  or  not  delivered  to  the  precinct  judges,  the  voter* 
may  provide  their  own  ballot  after  the  style  of  the  official  ballot  described  in 
thin  act. 

SEG.  48.  For  each  voting  precinct  there  shall  be  furnished  one  and  a  half 
times  as  many  official  ballots  as  there  are  qualified  voters  in  the  precinct,  an 
shown  by  the  list  required  to  be  furnished  by  the  tax  collector  to  precinct 
judges. 

SEC.  49.  The  name  of  no  candidate  shall  appear  more  than  once  upon  tlu> 
official  ballot,  except  ns  a-  candidate  for  two  or  more  offices  permitted  by  the 
Constitution  to  be  held  by  the  same  person.  The  name  of  the  candidate  nomi- 
nated by  any  political  party  shall  appear  on  the  ballot  and  under  head  of  the 
party  making  such  nomination. 

SEC.  50.  A  nominee  may  decline  and  annul  his  nomination  by  delivering  to 
the  officer  with  whom  the  certificate  of  his  nomination  is  filed  ten  days  before 
the  election,  if  it  be  for  a  city  office,  and  twenty  days  in  other  cases,  a  declara- 
tion in  writing,  signed  by  him  before  some  officer  authorized  to  take  acknowledg- 
ments. Upon  such  declination  (or  in  case  of  death  of  a  nominee)  the  executive 
committee  of  a  party  or  a  majority  of  them  for  the  State,  district  or  county, 
as  the  office  to  be  nominated  may  require,  may  nominate  a  candidate  to  supply 
the  vacancy  by  filing  with  the  Secretary  of  State  in  the  case  of  State  or  dis- 
trict officers,  or  with  the  county  judge  in  the  case  of  county  or  precinct  officers, 
a  certificate  duly  signed  and  acknowledged  by  them,  setting  forth  the  cause  of 
the  vacancy,  the  name  of  the  new  nominee,  the  office  for  which  he  was  nomi- 
nated, and  when  and  how  he  was  nominated.  Thereupon  the  Secretary  of  State 
or  county  judge  as  the  case  may  be,  shall  promptly  notify  the  official  board 
created  by  this  act  to  furnish  election  supplies  that  such  vacancy  has  occurred 
and  the  name  of  the  new  nominee  shall  then  be  printed  upon  the  official  ballot, 
if  the  ballots  are  not  already  printed.  If  such  declination  or  death  of  the 
nominee  occurs  after  the  ballots  are  printed  or  due  notice  of  the  name  of  the 
new  nominee  is  received  after  such  printing,  the  official  board  charged  with 
the  duty  of  furnishing  election  supplies  shall  prepare  as  many  pasters  bearing 
the  name  of  the  new  nominee  as  there  are  official  ballots,  which  shall  be  pasted 
over  the  name  of  the  former  nominee  on  the  official  ballot  before  the  presiding 
judge  of  the  precinct  indorses  his  name  on  the  ballot  for  identification.  If  a 
nominee  dies  or  declines  the  nomination  before  the  election  and  no  one  is  nomi- 
nated to  take  his  place,  the  votes  cast  for  him  shall  be  counted  and  return 
made  thereof,  and  if  he  shall  have  received  a  plurality  of  the  votes  cast  for 
the  office,  the  vacancy  shall  be  filled  as  in  case  of  a  vacancy  occurring  after  the 
election.  No  paster  shall  be  used  except  as  herein  authorized,  and  if  otherwise 
used  the  names  pasted  shall  not  be  counted. 

SEC.  51.  At  the  election  of  school  district  officers  or  school  officers  for  u 
city,  town  or  village,  at  which  no  other  officer  is  to  be  elected,  or  election  of 
officers  of  fire  departments,  any  ballot  may  be  used  prescribed  by  local  authori- 
ties. 

SEC.  52.  The  name  of  no  candidate  of  any  political  party  that  cast  one 
hundred  thousand  votes  or  more  at  the  last  preceding  general  election  shall  be 


—12— 

printed  on  any  official  ballot  for  a  general  election  unless  nominated  by  pri- 
mary election,  on  primary  election  day,  except  as  herein  otherwise  provided. 

SEC.  53.  All  ballots  shall  be  printed  with  black  ink  on  clear  white  paper 
of  sufficient  thickness  to  prevent  the  marks  thereon  to  be  seen  through  the 
paper,  and  of  uniform  style.  The  tickets  of  each  political  party  shall  be  placed 
or  printed  on  one  ballot,  arranged  side  by  side  in  columns  separated  by  parallel 
rule.  The  space  which  shall  contain  the  title  of  the  office  and  the  name  of 
the  candidate  (or  candidates,  if  more  than  one  is  to  be  voted  for  for  the  same 
office)  shall  be  of  uniform  style  and  type  in  said  tickets.  At  the  head  of  each 
ticket  shall  be  printed  the  name  of  the  party.  When  a  party  has  not  nomi- 
nated a  full  ticket  the  titles  of  those  nominated  shall  be  in  position  opposite 
to  the  same  office  in  a  full  ticket  and  title  of  the  offices  shall  be  printed  in  the 
corresponding  position  in  spaces  where  no  nominations  have  been  made.  In 
the  blank  columns  and  independent  columns,  the  titles  of  the  offices  shall  bt 
prited  in  all  blank  spaces  to  correspond  with  a  full  ticket.  When  presidential 
electors  are  to  be  voted  on  their  names  shall  appear  at  the  heads  of  their 
respective  tickets.  When  a  constitutional  amendment  or  other  propositions  are 
to  be  voted  on  the  same  shall  appear  once  on  each  ballot  in  uniform  style  and 
type.  When  a  voter  desires  to  vote  a  ticket  straight  he  shall  run  a  pencil  or 
pen  through  all  other  tickets  on  the  official  ballot,  making  a  distinct  marked 
line  through  such  ticket  not  intended  to  be  voted,  and  when  he  shall  desire  to 
vote  a  mixed  ticket  shall  do  so  by  running  a  line  through  the  names  of  such 
candidates  as  he  shall  desire  to  vote  against  in  the  ticket  he  is  voting,  and  by 
writing  the  name  of  the  candidate  for  whom  he  desires  to  vote  in  the  blank 
column  and  in  the  space  provided  for  such  office,  same  to  be  written  with  black 
ink  or  pencil,  unless  the  name  of  the  candidates  for  whom  he  desires  to  vote 
appear  on  the  ballot,  in  which  event  he  shall  leave  the  same  not  scratched. 

SEC.  54.  When  a  constitutional  amendment  or  other  question  submitted  by 
the  Legislature  is  to  be  voted  on  the  form  in  which  it  is  submitted  shall  be 
described  by  the  Governor  in  his  proclamation  in  such  terms  as  to  give  the  voter 
a  clear  idea  of  the  scope  and  character  of  the  amendment,  and  printed  once  at 
the  bottom  of  each  ballot  as  described  by  this  act  the  words  "for"  and  "against" 
under  it;  provided  the  Legislature  has  failed  to  prescribe  a  form.  If  a  propo- 
sition or  question  is  to  be  voted  on  by  th«>  people  of  any  city,  county  or  other 
subdivision  of  the  State,  the  form  in  which  such  proposition  shall  be  voted  on 
shall  be  prescribed  by  the  local  or  municipal  authority  submitting  it. 

OPENING   THE    POLLS. 

SEC.  55.  The  judges  and  clerks  of  election  for  each  precinct  (and  super- 
visors, if  any  have  been  selected)  shall  meet  at  the  polling  place  at  least  half 
an  hour  before  the  time  for  opening. the  polls,  and  shall  proceed  to  arrange  the 
guard  rail,  the  space  within  the  guard  rail,  the  voting  booths  (if  any)  and 
the  furniture  for  the  orderly  and  legal  conduct  of  the  election.  The  judges  of 
election  shall  then  examine  the  ballot  boxes  required  for  the  reception  of  the 
ballots  and  the  blank  official  ballots,  and  shall  deposit  such  ballots  as  are  found 
to  be  defective  in  printing  in  ballot  box  No.  4  for  mutilated  or  returned  ballots. 
They  shall  also  examine  the  sample  ballots,  instruction  cards,  distance  markerr-. 
tally  sheets,  return  sheets,  certified  list  of  voters  rubber  or  wooden  stamps,  and 
all  "things  required  for  the  election;  but  the  package  containing  the  official 
ballots  shall  not  be  opened  until  the  morning  of  the  election  and  at  the  polling 
place.  One  instruction  card  shall  be  posted"  near  each  distance  marker,  where 
it  can  be  read  by  citizens  before  voting.  The  package  of  official  ballots  shall 
remain  in  the  custody  of  the  judges  and  the  polling  clerks.  The  judges  shall 
cause  to  be  placed  at  the  distance  of  one  hundred  feet  from  the  entrance  of  the 
room  at  which  the  election  is  held,  visible  distance  markers  in  each  direction 
of  approaches  to  the  polls  on  each  of  which  shall  be  printed  in  large  letters 
the  words,  "distance  markers."  "No  electioneering  or  loitering  between  this 
point  and  the  entrance  to  the  polls."  The  judges  shall  examine  the  ballot 
boxes  and  then  relock  them,  after  all  present  can  see  they  are  empty.  The 
instruction  card  and  distance  markers  shall  be  posted  up  and  shall  not  be  de- 
faced or  removed  during  the  progress  of  the  election.  The  ballot  clerks  with 
official  ballots,  the  presiding  officer  of  the  election,  the  poll  clerk,  the  election 
supplies  and  the  certified  lists  of  qualified  voters  for  the  precinct,  and  the  super- 


—13— 

visors,  if  there  are  any,  shall  be  as  conveniently  near  each  other  as  practicable 
within  the  polling  place. 

SEC.  56.  Before  opening  the  polls  the  presiding  judge  of  election  shall,  in 
an  audible  voice,  take  the  following  oath  or  affirmation,  which'  shall  be  uttered 
slowly  and  distinctly  and  each  of  the  other  judges  and  clerks  shall  repeat  the 
same  after  him:  "I  solemnly  swear  (or  affirm)  that  I  will  not  in  any  manner 
request  or  seek  to  persuade  or  induce  any  voter  to  vote  for  or  against  any 
particular  candidate  or  candidates,  or  for  or  against  any  proposition  to  be 
voted  on ;  that  I  will  not  keep  or  make  any  memoranda  or  entry  of  anything 
occurring  within  the  booths  or  polling  places,  as  the  case  may  be,  nor  disclose 
how  any  one  whom  I  am  permitted  to  assist  in  voting  has  voted,  except  I  be 
called  on  to  testify  in  a  judicial  proceeding;  and  that  I  will  faithfully  perform 
this  day  my  duty  as  officer  of  the  election,  and  guard  as  far  as  I  am  able  the 
purity  of  the  ballot  box,  so  help  me  God."  Before  the  election  begins  one 
instruction  card  shall  be  posted  up  in  each  voting  booth  where  it  can  be  read, 
and  when  there  are  no  voting  booths  one  shall  be  posted  up  in  plain  view  at 
the  place  prepared  for  ll>e  voter  io  make  out  his  ballot. 

OFFICERS   OF   ELECTION;    THEIR   POWERS    AND   DUTIES. 

SEC.  57.  The  county  commissioners  court  shall  at  the  February  term  appoint 
among  the  citizens  of  each  voting  precinct,  in  which  there  are  less  than  one 
hundred  voters  who  have  paid  their  poll  tax  and  received  their  certificates  of 
exemption,  two  reputable  men,  who  are  qualified  voters,  as  judges  of  the  elec- 
tion. They  shall  be  selected  from  different  political  parties,  if  practicable,  and 
shall  continue  to  act  until  their  successors  are  appointed.  When  the  bounds 
of  the  precinct  are  changed  so  that  one  or  more  judges  reside  outside  of  the 
precinct  for  which  they  were  appointed,  the  court  shall  appoint  others  to  supply 
his  or  her  plaov.  One  of  the  judges,  who  shall  in  all  cases  belong  to  the  party 
that  at  the  last  general  election  cast  the  largest  vote  for  Governor  throughout 
the  State  shall  be  designated  as  the  presiding  judge  at  elections;  he  shall 
appoint  two  competent  and  reputable  clerks  of  different  political  parties,  if 
practicable,  who  are  qualified  voters,  to  act  as  clerks  of  the  election.  The  order 
appointing-  all  judges  shall  be  entered  of  record.  The  presiding  judge  shall 
act  in  receiving  and  depositing  the  votes  in  the  ballot  boxes  and  the  other  judge 
shall  act  in  counting  the  votes  cast;  one  of  the  clerks  shall  keep  the  poll  list 
and  list  of  qualified  voters,  and  upon  the  poll  list  he  shall  write  at  the  time 
of  voting  the  name  and  number  of  each  voter;  the  other  clerk  shall  act  as 
canvassing  clerk  and  shall  keep  the  tally  list  of  votes  counted;  said  officers 
shall  perform  such  other  duties  as  the  presiding  judge  may  direct. 

SEC.  58.  For  every  precinct  in  which  there  are  one  hundred  male  citizens 
or  more  who  have  paid  their  poll  tax  or  received  their  certificates  of  exemption, 
the  commissioners  court  shall  appoint  four  judges  of  election,  who  shall  be 
chosen  when  practicable  from  opposing  political  parties,  one  of  whom  shall  be 
designated  as  presiding  judge.  The  presiding  and  one  associate  judge  shall  act 
in  receiving  and  depositing  the  votes  in  the  ballot  box,  and  the  other  two 
judges  shall  act  in  counting  the  vote  cast.  The  presiding  judge  shall  appoint 
four  competent  and  reputable  clerks,  who  have  paid  their  poll  tax,  and  of  dif- 
ferent political  parties  when  practicable;  two  of  said  clerks  shall  assist  in  keep- 
ing poll  lists  and  the  list  of  qualified  voters;  upon  the  poll  lists  they  shall 
write  the  name  and  number  of  each  voter,  and  at  the  time  voted.  Two  clerks 
shall  be  canvassing  clerks,  who  shall  keep  tally  lists  of  votes  counted  and  per- 
form such  other  duties  as  the  presiding  judge  may  direct.  At  the  close  of  the 
canvassing  and  during  its  progress,  the  tally  clerks  shall  compare  their  tally 
lists  and  certify  officially  to  their  correctness.  Provided  that  in  all  elections 
held  under  the  provisions  of  this  act  other  than  general  elections,  local  option 
elections  and  primary  elections,  the  officers  to  be  appointed  by  the  commissioners 
court  to  hold  said  elections  shall  be  a  presiding  judge,  and  assistant  judge  and 
two  clerks,  \vhose  compensation  shall  be  two  dollars  per  day,  and  two  dollars 
to  the  presiding  judge  extra  for  making  return  of  the  election. 

SEC.  59.  The  chairman  of  the  county  executive  committee  for  each  political 
party  that  has  candidates  on  the  official  ballot,  or  if  he  fails  to  act.  any  three 
members  of  such  committee  may,  not  less  than  five  days  before  the  genera! 
election,  nominate  one  supervisor  of  election  for  each  voting  precinct,  who  has 


paid  his  poll  tax,  by  presenting  his  name  to  the  county  judge,  who  shall  indorse 
his  approval  on  the  certificate  of  his  nomination,  if  lie  is  a  reputable  citizen, 
but  not  otherwise.  And  thereupon  on  his  presenting  such  nomination  and  its 
approval  to  the  presiding  judge  of  the  precinct  he"  shall  be  permitted  to  sit 
conveniently  near  the  judges,  .so  that  lie  can  observe  the  conduct  of  the  election, 
including  the  counting  of  the  votes,  the  locking  and  sealing  of  the  ballot  boxes, 
their  custody  and  safe  return.  He  shall  not  be  permitted  to  enter  into  any 
conversation  with  the  judges  or  clerks,  regarding  Hhe  election  while  it  is  pro- 
gressing, except  to  call  the  attention  of  the  judges  or  clerks  to  any  irregularity 
or  violation  of  the  law  that  he  may  observe.  Before  he  shall  be  permitted  to 
act  as  supervisor  he  shall  take  an  oath  to  be  administered  by  the  presiding 
judge  that  he  will  mention  and  note  any  errors  he  may  see  in  testing  or  counting 
the  votes  and  that  he  will  well  and  truly  discharge  his  duties  as  supervisor 
impartially  and  will  report  in  writing  ail  violations  of  the  law  and  irregu- 
larities that  he  may  observe  to  the  next  grand  jury. 

WHO     PROHIBITED     FROM     BEING     ELECTION     JUDGES     OR     CLERKS     OR     MEMBERS     OF 

EXECUTIVE    COMMITTEE. 

SEC.  60.  No  one  who  holds  an  office  of  profit  or  trust  under  the  United 
States  or  this  State,  or  in  city  or  town  in  this  State,  except  a  notary  public, 
or  who  is  a  candidate  for  office  or  who  has  not  paid  his  poll  tax,  shall  act  as 
judge,  clerk,  or  supervisor  of  any  election;  nor  shall  any  one  act  as  chairman 
or  as  member  of  an  executive  committee  either  for  the  State  or  any  district 
or  county,  who  has  not  paid  his  poll  tax,  or  who  is  a  candidate  for  office,  or 
holds  any  office  of  profit  or  trust  under  either  the  United  States  or  this  State, 
or  in  any  city  or  town  in  this  State,  except  a  notary  public. 

METHOD   OF   CONDUCTING   ELECTIONS. 

SEC.  61.  A  general  election  shall  be  held  on  the  first  Tuesday  after  the  first 
Monday  in  November,  A.  D.  1906,  and  every  two  years  thereafter,  at  such  place 
as  may  be  prescribed  by  law,  after  notice  given  *as  prescribed  by  law. 

SEC.  62.  Special  elections  shall  be  held  at  such  times  and  places  as  may  be 
fixed  by  law  providing  therefor. 

SEC.  63.  In  all  cases,  except  treason,  felony  or  breach  of  peace,  voters  shall 
be  privileged  from  arrest  during  their  attendance  at  elections,  and  in  going  to 
and  returning  therefrom. 

SEC.  64.  In  all  elections,  general,  special  or  primary,  the  polls  shall  be  open 
from  eight  o'clock  in  the  morning  until  seven  o'clock  in  the  evening,  and  the 
election  shall  be  held  for  one  day  only. 

SEC.  65.  No  election  judge,  clerk  or  other  person  connected  with  the  holding 
of  an  election,  shall  on  election  day  indicate  by  words,  sign  symbol  or  writing 
to  any  citizen,  how  he  shall  or  should  not  vote;  provided,  nothing  herein  shall 
interfere  with  the  operation  of  Section  83  of  this  act. 

SEC.  66.  No  citizen  shall  be  permitted  to  vote  unless  he  first  presents  to  the 
judge  of  election  his  poll  tax  receipt  or  certificate  of  exemption  issued  to  him 
before  the  first  day  of  February  of  the  year  in  which  he  offers  to  vote,  except 
as  otherwise  permitted  in  this  act,  unless  the  same  has  been  lost  or  mislaid, 
or  left  at  home,  in  which  event  he  shall  make  an  affidavit  of  that  fact.,  which 
shall  be  left  with  the  judges  and  sent  by  them  with  the  returns  of  the  election; 
provided,  that  if  since  he  obtained  his  receipt  or  certificate  he  removes  from 
the  precinct  or  county  of  his  residence,  he  may  vote  on  complying  with  other 
provisions  of  this  act. 

SEC.  67.  Judges  of  elections  are  authorized  to  administer  oaths  to  ascertain 
all  facts  necessary  to  a  fair  and  impartial  election.  The  presiding  judge  of 
election,  while  in  the  discharge  of  his  duties  as  such,  shall  have  the  power  of 
the  district  judge  to  enforce  order  and  keep  the  peace.  He  may  appoint  special 
peace  officers  to  act  as  such  during  the  election  and  may  issue  warrants  of 
arrest  for  felony,  misdemeanor  or  breach  of  peace  committed  at  such  election, 
directed  to  the  sheriff  or  any  constable  of  the  county,  or  such  special  peace 
officer,  who  shall  forthwith  execute  any  such  warrants,  and  if  so  ordered  by 
the  presiding  judge  confine  the  party  arrested  in  jail  during  the  election  or 
until  the  day  after  the  election,  when  his  case  may  be  examined  into  before 


—15— 

some  magistrate,  to  whom  the  presiding  judge  shall  report  it;  but  the  party 
arrested  shall  first  be  permitted  to  vote,  if  entitled  to  do  so;  provided,  that  if 
said  party  is  drunk  from  the  use  of  intoxicating  liquor  he  shall  not  be  permitted 
to  vote  until  he  is  sober. 

SEC.  68.  Before  the  balloting  begins,  the  presiding  judge  shall  unlock  ballot 
box  No.  1,  and  after  all  the  officers  of  the  election  and  supervisors  have  in- 
spected the  same  to  see  that  it  is  empty,  relock  it  and  place  it  within 
view,  where  it  shall  remain  until  removed  to  make  room  for  ballot  box  No.  2. 
A  like  examination  shall  be  made  of  ballot  box  No.  2.  All  the  boxes  shall  be 
securely  made  of  metal  or  wood,  provided  with  a  top,  hinges,  lock  and  key, 
and  an  opening  shall  be  made  at  the  top  of  each  just  large  enough  to  receive 
a  ballot  when  polled. 

SEC.  69.  In  ballot  box  No.  4  shall  be  deposited,  in  addition  to  ballots  defec- 
tively printed,  all  defaced  and  mutilated  ballots,  and  when  the  polls  are  closed 
all  the  ballots  that  have  not  been  voted.  The  box  shall  be  locked  and  so  re- 
turned sealed  to  the  county  clerk,  with  a  statement  which  shall  be  placed 
therein  signed  by  the  presiding  judge  of  the  number  of  ballots  received  by  him, 
the  number  of  mutilated  or  defaced  ballots  that  the  box  contained  and  also 
the  number  of  ballots  not  given  to  voters,  as  well  as  those  defectively  printed, 
so  that  after  adding  such  numbers  all  ballots  delivered  to  the  election  officers 
may  be  accounted  for.  Such  ballot  box  shall  when  the  returns  of  votes  cast 
are  canvassed  by  the  commissioners  court  be  opened,  the  ballots  counted  and  a 
record  made  of  what  they  have  found  to  be  its  contents. 

SEC.  70.  Any  judge  may  require  a  citizen  to  answer  under  oath  before  he 
secures  an  official  ballot  whether  he  has  been  furnished  with  any  paper  or 
ballot  on  which  is  marked  the  names  of  any  one  for  whom  he  has  agreed  or 
promised  to  vote  or  for  whom  he  has  been  requested  to  vote,  or  has  such  paper 
or  marked  ballot  in  his  possession,  and  lie  shall  not  be  furnished  with  an 
official  ballot  until  he  has  delivered  to  the  judge  such  marked  ballot  or  paper, 
if  he  has  one.  And  any  person  who  gives,  receives  or  secures  or  is  interested 
in  giving  or  receiving  an  official  ballot  or  any  paper  whatever,  on  which  is 
marked,  printed  or  written  the  name  or  names  of  any  person  or  persons  for 
whom  he  has  agreed  or  proposed  to  vote,  or  for  whom  he  has  been  requested  to 
vote,  or  has  sueh  paper  marked,  written  or  printed  in  his  possession  as  a  guide 
or  indication  by  which  he  could  make  out  his  ticket,  shall  be  deemed  guilty 
of  a  misdemeanor  and  upon  conviction  shall  be  punished  by  a  fine  not  less 
than  one  hundred  dollars  nor  more  than  five  hundred  dollars  and  confinement 
in  the  county  jail  for  thirty  days. 

SEC.  71.  One  of  the  election  judges  shall  receive  from  the  voter  his  poll  tax 
receipt  or  certificate  of  exemption  when  he  presents  himself  to  vote;  the  voter 
shall  announce  his  name  and  the  judge,  after  comparing  the  appearance  of  the. 
party  with  the  description  given  in  the  certified  list  of  qualified  voters  of  the 
precinct  made  out  by  the  county  collector  and  being  satisfied  that  it  accords 
therewith,  shall  pronounce  in  an  audible  voice  the  name  of  the  voter  and  his 
number,  as  given  in  the  list  of  qualified  voters.  If  the  voter  has  lost,  mislaid 
or  left  at  home  his  receipt  or  certificate  and  shall  present  his  written  affidavit 
of  that  fact,  and  if  his  appearance  tallies  with  that  given  for  the  same  number 
and  name  on  the  list  of  qualified  voters  or  if  the  voter  presents  his  written 
affidavit  of  removal  from  some  other  precinct  or  county  in  cases  where  the  same 
is  permitted  by  this  Act,  together  with  his  receipt  or  certificate  or  affidavit  of 
the  loss  thereof,  and  the  judges  of  election  shall  be  satisfied  that  he  paid  his 
poll  tax  or  received  his  certificate  of  exemption  before  the  first  day  of  the  pre- 
ceding February,  the  judge  shall  in  like  manner  pronounce  in  an  audible  voice 
the  name  and  number  of  the  elector  on  the  certified  list  of  qualified  voters  with 
the  word  "correct." 

SEC.  72.  When  the  judges  are  satisfied  as  to  the  right  of  the  citizen  to  vote 
and  one  has  pronounced  in  an  audible  voice  his  name  and  number  as  shown 
on  the  list  of  qualified  voters  of  the  precinct  and  the  word  "correct,"  the  judge 
shall  stamp  in  legible  characters  with  a  stamp  of  wood  or  rubber  the  poll  tax 

receipt  or  certificate  of  exemption  with  the  words:     "Voted day  of 

,  A.  D.  19. .  . .,"  or  write  the  same  words  in  ink  and  then  return 

said  receipt  or  certificate  to  the  voter,  and  shall  at  the  same  time  deliver  to 
him  one  official  ballot  on  the  blank  side  of  which  the  presiding  judge  shall  have* 
previously  written  his  signature.  The  voter  shall  then  immediately  repair  1o 


—16— 

one  of  the  voting  booths  or  places  prepared  for  voting  by  the  election  officers 
and  there  prepare  his  ballot,  in  the  manner  provided  by  section  53  of  this  Act. 

SEC.  73.  When  a  person  offering  to  vote  shall  be  objected  to  by  an  election 
judge  or  a  supervisor  or  challenger,  the  presiding  judge  shall  examine  him  upon 
an  oath  touching  the  points  of  such  objection,  and  if  such  person  fails  to  estab- 
lish his  right  to  vote  to  the  satisfaction  of  the  majority  of  the  judges,  he  shall 
not  vote.  -  If  his  vote  be  received,  the  word  "sworn"  shall  be  written  upon  the 
poll  list  opposite  the  name  of  the  voter. 

SEC.  74.  When  a  citizen  shall  have  prepared  his  ballot,  he  shall  fold  the 
same  so  as  to  conceal  the  printing  thereon  and  so  as  to  expose  the  signature 
of  the  presiding  judge  on  the  blank  side,  which  shall  always  be  indorsed  by 
the  judge  before  the  ballot  is  delivered,  and  shall  after  leaving  the  booth  hand 
to  the  numbering  judge  his  ballot,  who  shall  number  the  same.  If  the  judges 
are  satisfied  that  the  ballot  returned  is  the  one  delivered  to  the  voter  the  num- 
bering judge  shall  number  the  ballot,  writing  on  the  blank  side  the  number 
opposite  the  voter's  name  on  the  voting  list,  and  shall  stamp  or  write  the  same 
with  the  word  "voted,"  and  deposit  the  ballot  in  the  ballot  box.  The  letter 
"v"  shall  at  the  same  time  be  marked  by  one  of  the  clerks  on  the  certified  list 
or  supplemental  list  of  qualified  voters  opposite  the  voter's  name  thereon,  and 
the  voter  shall  thereupon  immediately  leave  the  polling  place. 

SEC.  75.  No  voter  shall  be  entitled  to  receive  a  new  ballot  in  lieu  of  one 
mutilated  and  defaced  until  he  first  returns  such  ballot  and  it  is  deposited  in 
box  No.  4;  nor  shall  any  one  be  supplied  with  more  than  three  ballots  in  suc- 
cession, when  they  are  mutilated  or  defaced.  A  register  shall  be  kept  by  the 
clerks  as  the  voting  progresses  of  the  mutilated  or  defaced  ballots,  which  shall 
be  deposited  in  box  No.  4,  in  which  shall  also  be  deposited  and  returned  all 
official  ballots  not  used. 

SEC.  76.  From  the  time  of  opening  the  polls  until  the  announcement  of  the 
results  of  the  canvass  of  votes  cast  and  the  signing  of  the  official  returns,  the 
boxes  and  official  ballots  shall  be  kept  at  the  polling  place  in  the  presence  of 
one  or  more  of  tlu  judges  and  supervisors  if  there  are  any.  No  person  shall 
be  admitted  within  the  room  where  the  election  is  being  held  except  the  judges, 
clerks,  persons  admitted  by  the  presiding  judge  to  preserve  order,  supervisors 
of  election,  and  persons  admitted  for  the  purpose  of  voting;  provided,  that 
the  officers  of  the  election  shall  permit  an  interpreter  to  assist  any  voter  who 
can  not  both  speak  and  read  the  English  language.  No  judge  or  clerk  shall 
make  any  statement  nor  give  information  in  any  manner  of  the  number  of 
votes  nor  any  other  fact  regarding  their  opinion  of  the  state  of  the  polls  after 
the  closing  thereof  except  as  herein  permitted. 

SEC.  77.  No  officer  of  election  shall  unfold  or  examine  the  face  of  a  ballot 
when  received  from  an  elector,  nor  the  indorsement  on  the  ballot,  except  the 
signature  of  the  judge,  or  the  words  stamped  thereon,  nor  compare  it  with  the 
clerk's  list  of  voters,  when  the  ballots  are  counted,  nor  shall  he  permit  the 
same  to  be  done,  nor  shall  he  examine  nor  permit  to  be  examined  the  ballots 
after  they  are  deposited  in  a  ballot  box,  except  as  herein  provided  for  in  can- 
vassing the  votes,  or  in  cases  specially  provided  by  law. 

SEC.  78.  The  counting  judges  and  clerks  shall  familiarize  themselves  with 
the  signature  of  the  judge  who  writes  his  name  on  each  ballot  that  is  voted,  and 
shall  count  no  ballots  that  do  not  bear  his  signature  or  are  unnumbered,  or 
if  on  examination  by  the  judges,  such  signature  is  found  to  be  a  forgery. 

SEC.  79.  If  the  officers  of  election  need  refreshments  during  the  voting  and 
before  the  canvass  of  votes,  they  shall  be  taken  at  the  polling  places,  and  in 
view  of  the  ballot  boxes,  provided  that  the  refreshments  shall  contain  no  alco- 
holic, vinous,  malt  or  intoxicating  liquors. 

SEC.  80.  At  the  expiration  of  one  hour  after  voting  has  begun  the  receiving 
judges  shall  deliver  ballot  box  No.  1  to  the  counting  judges,  who  shall  at  once 
deliver  in  its  place  ballot  box  No.  2.  which  shall  again  be  opened  and  examined 
in  the  presence  of  all  the  judges  and  securely  closed  and  locked;  and  until  the 
ballots  in  ballot  box  No.  1  have  been  counted,  the  receiving  judge  shall  receive 
and  deposit  ballots  in  ballot  box  No.  2.  Ballot  box  No.  1  shall  on  its  receipt 
by  the  counting  judges,  be  immediately  opened  and  the  tickets  taken  out  by 
one  of  them,  one  by  one,  when  he  shall  read  and  distinctly  announce,  while  the 
ticket  remains  in  his  hand,  the  name  of  each  candidate  voted  for  thereon,  which 
shall  be  noted  on  the  tallv  sheets,  and  shall  then  deliver  the  ballot  to  the  other 


counting  judge,  who  shall  place  the  same  in  box  No.  S.  which  shall  remain 
locked  and  in  view  until  the  counting  is  finished,  when  said  box  shall  be  returned 
with  the  other  boxes,  locked  and  sealed,  to  the  county  clerk.  Ballot  boxes 
Nos.  1  and  2  shall  be  used  by  the  receiving  judge  and  the  counting  judge  alter- 
nately, as  above  provided,  as  often  as  the  counting  judge  has  counted  and  ex- 
hausted the  ballots  in  either  box;  the  election  supervisors  may  be  present  when 
the  ballots  are  being  examined  and  the  votes  called  off  and  noted  on  the  tally 
sheets. 

SEC.  81.  At  each  change  of  the  boxes  one  of  the  judges  shall  announce  at 
the  outer  door  of  the  voting  place  the  number  of  votes  already  cast. 

SKC.  82.  Not  more  than  one  person  at  the  same  time  shall  be  permitted  to 
occupy  any  one  compartment,  voting  booth  or  place  prepared  for  a  voter,  except 
when  a  voter  is  unable  to  prepare"  his  ballot  from  inability  to  read  or  write, 
or  physical  disability,  two  judges  or  an  interpreter,  if  he  can  not  both  read  and 
speak  the  English  language,  shall  assist  him,  they  having  been  first  sworn  that 
they  will  not  suggest  by  word  or  sign  or  gesture  how  the  voter  shall  vote; 
that  they  shall  confine  their  assistance  to  answering  his  questions,  to  naming 
candidates,  and  the  political  parties  to  which  they  belong,  and  that  they  will 
prepare  his  ballot  as  the  voter  himself  shall  direct.  The  judges  who  assist  the 
voter  in  preparing  his  ballot  shall  be  of  different  political  parties,  if  there  be 
such  judges  present,  and  an  election  supervisor  or  supervisors  may  be  present, 
but  must  remain  silent,  except  in  case  of  irregularity  or  violation  of  the  law. 
SEC.  83.  If  a  presiding  judge  fails  to  attend  on  election  day,  or  fails  to  act, 
or  none  shall  have  been  appointed,  the  voters  present  may  appoint  their  own 
presiding  officer  who  has  paid  his  poll  tax,  and  such  voters  may  also  appoint 
the  necessary  assistant  judges  of  election.  When  a  presiding  officer  who  ha- 
been  appointed  by  a  commissioners  -court  fails  to  act  in  conducting  an  election, 
and  one  is  selected  by  the  voters  present,  the  judges  and  clerks  of  such  election 
shall,  in  making  their  returns  of  election,  certify  to  that  fact,  and  state  that 
the  acting  judges  were  appointed  by  the  voters  present.  When  an  assist- 
ant judge  or  clerk  has  not  been  appointed  or  having  been  theretofore  ap- 
pointed and  fails  to  act  at  the  opening  of  the  polls  or  during  the  election. 
the  presiding  judge  shall  appoint  in  his  place  another  with  the  same  qualifi- 
cations, and  return  a  certificate  of  such  appointment  with  each  election  return. 
SEC.  84.  The  election  judges  shall  prevent  loitering  and  electioneering  while 
the  polls  are  open  within  one  hundred  feet  of  the  door  through  which  voters 
enter  to  vote,  and  within  one  hundred  feet  of  the  place  where  the  voter  is 
required  to  prepare  his  ballot,  and  for  this  purpose  they  shall  appoint  a  special 
constable  to  enforce  this  authority. 

SEC.  85.  No  carriage  or  other  vehicle  shall  be  used  by  any  person  to  convey 
voters  to  the  voting  places  unless  the  voter  is  physically  unable  to  go  to  or 
to  enter  the  polling  place  without  assistance,  in  which  event  two  of  the  judges 
of  different  political  parties,  if  there  are  such,  may  deliver  an  official  ballot 
to  him  at  the  entrance  to  the  polling  place  and  permit  him  to  make  out  his 
ballot  and  deliver  it  there. 

SEC.  86.  No  person  shall  open  or  keep  open  any  barroom,  drinking  saloon 
or  wholesale  beer  or  liquor  house,  where  vinous,  malt,  spirituous  and  intoxi- 
cating liquors  are  sold  during  any  portion  of  the  day  on  which  an  election, 
either  general,  special  or  primary,  is  held  for  any  purpose  in  the  voting  pre- 
cinct where  such  an  election  is  held ;  nor  shall  any  one  in  such  voting  precinct 
sell,  barter  or  give  away  any  vinous,  spirituous  or  intoxicating  liquor  during 
the  day  of  such  election,  nor  shall  any  one  carry  or  cause  to  be  carried  to  the 
polling  place  on  the  day  of  election  any  intoxicating  liquor  for  the  purpose  of 
sale,  gift  or  to  be  drunk;  and  if  any  one  shall  find  any  intoxicating  liquor  on 
election  day  he  shall  refrain  from  taking  possession  of  it  and  shall  not  inform 
another  of  its  whereabouts. 

SEC.  87.  Intoxicating  liquor  may  be  sold  on  election  day  by  a  druggist  only 
to  fill  prescriptions  by  a  physician,  but  who  at  the  time  must  certify  in  writing, 
on  his  honor,  that  it  is  needed  by  his  sick  patient. 

SEC.  88.  Immediately  upon  closing  the  polls,  and  at  intervals  of  two  hours 
thereafter,  the  presiding  judge  or  an  associate  judge  shall  make  a  correct  but 
unofficial  memorandum  of  the  total  number  of  votes  counted  for  each  candidate 
at  that  time,  such  memorandum  being  in  the  order  in  which  the  names  of  the 
candidates  appear  upon  the  ballot:  and  thereupon  he  shall  publicly  announce 


— IS— 

from  such  memorandum  the  status  of  the  count  at  the  door  of  the  building 
where  the  counting  is  in  progress.  This  memorandum  shall  thereafter  be 
accessible  to  the  public,  and  especially  newspaper  reporters,  who  may  call  for 
information,  and  the  presiding  judge  or  an  associate  judge  may  furnish  reporters 
information  concerning  the  status  of  the  count  at  other  times  after  the  polls 
have  closed.  The  announcement  of  the  status  of  the  count  shall  continue  as 
aforesaid  until  the  count  has  been  completed,  when  a  correct  but  unofficial 
announcement  of  the  total  number  of  votes  received  by  each  candidate  shall 
be  announced  in  the  manner  above  provided.  This  section  shall  also  apply 
so  as  to  require  the  same  reports  from  judges  of  primary  elections. 

EXPENSES    BY   MANAGERS    OF    POLITICAL    HEADQUARTERS    AND    BY    OTHERS. 

SEC.  89.  Every  person  who  manages  any  political  headquarters  for  any 
political  party  or  for  any  candidate  before  any  election,  and  every  clerk  or 
agent  of  such  manager  for  such  headquarters  or  candidate,  and  every  other 
person  whomsoever  who  expends  money,  gives  any  property  or  thing  of  value, 
or  promises  to  use  influence,,  or  give  a  future  reward  to  promote  or  defeat  the 
election  of  any  candidate  or  to  promote  or  defeat  the  success  of  any  political 
party  at  any  election,  shall  within  ten  days  after  such  election  file  with  the 
county  judge  of  the  county  in  which  the  political  headquarters  was  located, 
and  with  the  county  judge  of  the  county  where  such  manager,  clerk,  or  other 
person,  as  the  case  may  be,  reside,  an  itemized  statement  of  all  moneys  or 
things  of  value  thus  given  or  promised,  for  what  purpose,  by  whom  supplied, 
in  what  amount  and  how  expended,  and  what  reward  was  given  or  promised, 
by  whom  and  to  whom,  and  what  influence  was  promised,  by  whom  promised 
and  to  whom  said  promise  was  given.  He  shall  also  state  whether  he  had  been 
informed  or  has  reason  to  believe  that  the  person  thus  aiding  or  attempting 
to  defeat  a  party  or  candidate  was  an  officer,  stockholder,  agent  or  employe 
of,  or  was  acting  for  or  in  the  interest  of  any  corporation,  giving  his  name, 
and  if  so  of  what  corporation ;  and  he  shall  if  he  has  no  positive  knowledge 
state  the  source  of  his  information  or  the  reasons  for  his  belief  as  the  case 
may  be;  all  of  which  shall  be  sworn  to  and  subscribed  before  the  county  judge, 
who  shall  file  and  preserve  the  same,  which  shall  at  all  times  be  subject  to 
inspection  of  the  public. 

EXPENSES    OF    CANDIDATES. 

SEC.  90.  Within  ten  days  after  a  primary  and  also  after  a  final  election  all 
candidates  for  office  at  such  election  shall  file  a  written  itemized  statement 
under  oath  with  the  county  judge  of  the  county  of  their  residence  of  all  the 
expenses  incurred  during  the  canvass  for  the  office,  and  for  the  nomination, 
including  amounts  paid  to  newspapers,  hotel  and  traveling  expenses,  and  s-uch 
statement  shall  be  sworn  to  and  filed,  whether  the  candidate  was  elected  or 
defeated,  which  shall  at  all  times  be  subject  to  inspection  of  the  public. 

RETURN    OF    ELECTION    SUPPLIES. 

SEC.  91.  One  of  the  precinct  judges  shall  deliver  the  returns  of  election 
with  certified  lists  of  qualified  voters,  with  all  stationery,  rubber  stamps  and 
blank  forms  and  other  election  supplies  not  used,  to  the  county  judge  imme- 
diately after  the  votes  have  been  counte'd.  He  shall  provide  for  the  safe 
storage  of  the  voting  booths  in  some  place  in  the  precinct  and  notify  the  county 
judge. 

CONTESTING  ELECTIONS. 

SEC.  92.  All  election  contests,  except  for  nominations  in  primary  elections 
shall  be  tried  as  required  by  the  Act  of  April  6,  A.  D.  1895,  unless  otherwise 
provided  for 'by  law. 

SEC.  93.  The  provisions  of  this  Act  shall  apply  to  all  elections  held  in  this 
State,  except  as  otherwise  herein  provided. 

NON-PARTISAN    AND    INDEPENDENT    CANDIDATES. 

SEC.  94.  The  name  of  a  non-partisan  or  independent  candidate  may  be 
printed  on  the  official  ballot  in  the  column  for  independent  candidates,  after  a 


—19— 

written  application  signed  by  qualified  voters  to  the  Secretary  of  State  and 
delivered  to  him  within  thirty  days  after  primary  election  day  as  follows: 

If  for  a  State  office  to  be  voted  for  throughout  the  Stale,  one  per  cent  of  the 
entire  vote  of  the  State  cast  at  the  last  preceding  general  election;  if  for  a 
congressional,  supreme,  judicial,  senatorial,  representative,  flotorial  or  judicial 
district  office,  three  per  cent  of  the  entire  vote  cast  in  any  such  district  at 
the  last  preceding  general  election;  provided  that  the  number  of  signatures 
need  not  exceed  five  hundred  for  any  congressional,  senatorial  or  judicial  office, 
nor  for  any  other  office  that  is  not  filled  by  all  the  voters  of  the  State. 

SEC.  95.  No  application  to  the  Secretary  of  State  shall  contain  the  name 
of  more  than  one  candidate,  and  no  citizen  shall  sign  such  application  unless 
he  has  paid  his  poll  tax  or  received  his  certificate  of  exemption;  provided,  that 
if  the  office  is  one  to  which  two  or  more  persons  are  to  be  elected,  his  applica- 
tion may  be  for  as  many  candidates  as  there  are  persons  to  be  elected  to  that 
office;  and  provided,  also,  that  no  person  who  has  voted  at  a  primary  election 
shall  sign  an  application  in  favor  of  any  one  for  an  office  for  which  a  nomina- 
tion was  made  at  such  primary  election. 

SKC.  96.  To  every  citizen  who  signs  such  application  shall  be  administered 
the  following  oath,  which  shall  be  reduced  to  writing  and  attached  to  such 
application,  viz.:  "I  know  the  contents  of  the  foregoing  application;  I  have 
participated  in  no  primary  election  which  has  nominated  a  candidate  for  the 
office  for  which  I  desire  (here  insert  the  name)  to  be  a  candidate;  I  am  a 
qualified  voter  at  the  next  general  election  under  the  Constitution  and  lawa 
in  force,  and  have  signed  the  above  application  of  my  own  free  will."  One 
certificate  of  the  officer  before  whom  the  oath  is  taken  may  be  so  made  as  to 
apply  to  all  to  whom  it  was  administered. 

SEC.  97.  The  Secretary  of  State  shall  on  the  receipt  of  the  application  which 
conforms  to  the  above  requirements  issue  his  instruction  to  the  county  clerks 
of  this  State,  or  of  the  district  as  the  case  may  require,  directing  that  the 
name  of  the  citizen  in  whose  favor  the  application  is  made  shall  be  printed 
on  the  official  ballot  in  the  independent  column  under  the  title  of  the  office  for 
which  he  is  a  candidate;  provided,  that  the  citizen  in  whose  favor  the  appli- 
cation is  made  shall  first  file  his  written  consent  with  the  Secretary  of  State 
to  become  a  candidate  within  thirty  days  after  primary  election  day. 

SEC.  98.  Independent  candidates"  for  office  at  a  county,  city  or  town  election 
may  have  their  names  printed  upon  the  official  ballot  on  application  to  the 
county  judge,  if  for  a  county  office,  or  to  the  mayor  if  for  a  city  or  town  office; 
such  application  being  in  the  game  form  and  subject  to  the  same  requirements 
herein  prescribed  for  applications  to  be  made  to  the  Secretary  of  State  in  case 
of  State  or  district  independent  nomination;  provided,  that  a  petition  of  five 
per  cent  of  the  entire  vote  cast  in  such  county,  city  or  town  at  the  last  general 
election  shall  be  required  for  such  nomination. 

SEC.  99.  Each  political  party  whose  nominee  for  Governor  in  the  last  preced- 
ing general  election  received  as  many  as  ten  thousand  (10,000)  and  less  than  one 
hundred  thousand  (100,000)  votes,  may  nominate  candidates  for  State,  district 
and  county  officers  under  the  provisions  of  this  law  by  primary  election  and 
they  may  nominate  candidates  for  State  offices  at  a  State  convention,  which 
shall  be  held  the  second  Tuesday  in  August  and  which  shall  be  composed  of 
delegates  elected  in  the  various  counties  and  county  conventions  held  on  the 
first  Saturday  after  primary  election  day  which  shall  be  composed  of  delegates 
from  the  general  election  precinct,  in  such  counties  elected  therein  at  primary 
conventions  held  in  such  precincts  on  the  fourth  Saturday  in  July. 

The  State  committee  of  all  such  parties  shall  meet  at  some  place  in  the  State 
to  be  designated  by  the  chairman  thereof  on  the  second  Tuesday  in  May  and 
shall  decide  and  by  resolution  declare  whether  they  will  nominate  State,  dis- 
trict and  county  officers  by  convention  or  by  primary  elections,  and  shall 
certify  their  decision  to  the  Secretary  of  State. 

Nominations  for  district  offices  made  by  such  parties  shall  be  made  by  conven- 
tions held  on  the  same  day  as  herein  prescribed  for  district  conventions  of  other 
parties  composed  of  delegates  elected  thereto  at  county  conventions  held  on  the 
same  day  herein  prescribed  for  such  county  conventions  of  other  parties,  all  of 
Avhich  county  conventions  shall  nominate  candidates  for  county  offices  of  srch 
party  of  such  county.  All  nominations  so  made  by  a  State  or  district  convention 
shall  be  certified  bv  the  chairman  of  the  State  or  district  committees  of  such 


—20— 

parties  to  the  Secretary  of  State,  and  nominations  made  by  county  conventions 
'by  the  chairman  of  the  county  committee.  No  person  shall  be  allowed  to  vote 
or  participate  in  any  such  primary  convention  unless  he  shall  have  first  pro- 
duced evidence  that  he  has  paid  hi's  poll  tax  or  is  exempt,  and  no  person  shall 
be  allowed  to  participate  in  any  such  convention  who  has  participated  in  the 
convention  or  primary  of  any  other  party  held  on  the  same  day. 

SEC.  100.  Any  political  party  not  having  a  State  organization  but  desiring 
to  nominate  candidates  for  county  and  precinct  offices  only,  may  nominate  such 
candidates  therefor  under  the  provisions  of  this  act  by  primary  elections  or 
by  a  county  convention  held  on  the  legal  primary  election  day,  as  herein 
denned,  which  county  convention  shall  be  composed  of  delegates  from  various 
election  precincts  in  said  county,  elected  therein  at  primary  conventions  held 
in  such  precincts  between  the  hours  of  8  a.  m.  and  10  p.  m.  of  the  preceding 
Saturday.  All  nominations  made  by  any  such  parties  shall  be  certified  to  the 
county  clerk  by  the  chairman  of  the  county  committee  of  such  party,  and  after 
taking  the  same  course  as  nominations  of  other  parties  certified  to  the  clerk, 
shall  be  printed  on  the  official  ballot  in  a  separate  column,  headed  by  the  name 
of  the  party;  provided,  a  written  application  for  such  printing  shall  have  been 
made  to  the  county  judge,  signed  and  sworn  to  by  three*  per  cent  of  the  entire 
vote  cast  in  such  county  at  the  last  general  election. 

SEC.  101.  No  new  political  party  shall  assume  the  name  of  any  pre-existing 
party,  and  the  party  name  printed  on  the  official  ballot  shall  not  consist  of 
more  than  three  words. 

PRIMARY    ELECTIONS. 

SEC.  102.  The  term  "Primary  Election,"  as  used  in  this  act,  means  an  elec- 
tion held  by  the  members  of  an  organized  political  party  for  the  purpose  of 
nominating  the  candidates  of  such  party  to  be  voted  for  at  a  general  or  special 
election,  or  to  nominate  the  county  executive  officers  of  a  party. 

SEC.  103,  No  one  shall  vote  in  any  primary  election  unless  he  has  paid  his 
poll  tax  or  obtained  his  certificate  of  exemption  from  its  payment,  in  cases 
where  such  certificate  is  required,  before  the  first  of  February  next  preceding, 
which  fact  must  be  ascertained  by  the  officers  conducting  the  primary  election 
by  an  inspection  of  the  certified  lists  of  qualified  voters  of  the  precinct  and  of 
the  poll  tax  receipts  or  certificate  of  exemption;  nor  shall  he  vote  in  any  pri- 
mary election  except  in  the  voting  precinct  of  his  residence;  provided,  that  if 
this  receipt  or  certificate  be  lost  or  misplaced,  or  inadvertently  left  at  home, 
that  fact  must  be  sworn  to  by  the  party  offering  to  vote;  and  provided  further 
that  the  requirements  as  to  presentation  of  the  poll  tax  receipt,  certificate  of 
exemption  or  affidavit  shall  apply  only  to  cities  of  ten  thousand  population  or 
over  as  shown  by  the  last  United  States  census;  provided,  that  the  executive 
committee  of  any  party  for  any  county  may  prescribe  additional  qualifications 
for  voters  in  such  primaries,,  not  inconsistent  with  this  act. 

•SEC.  104.  To  guard  against  fraud,  a  certified  list  and  supplemental  list  of 
the  qualified  voters  of  the  voting  precinct  furnished  by  the  collecttor  of  taxes 
shall  be  in  the  possession  of  the  officers  conducting  the.  primary  election  for 
reference  and  comparison,  and  opposite  the  name  of  every  voter  on  said  list 
shall  be  stamped  when  his  vote  is  cast  with  a  rubber  or  wooden  stamp,  or 
written  with  pen  and  ink  the  words,  "primary — voted,"  with  the  date  of  such 
primary  under  the  same;  and  provided  further,  that  the  judges  of  primary 
elections  are  authorized  to  administer  oaths  in  regard  to  any  matter  pertaining 
to  the  election.  And  provided  further,  that  it  shall  he  the  duty  of  the  tax 
collector  of  each  county  upon  application  by  the  county  chairman  of  the  various 
political  parties,  to  furnish  to  the  presiding  judges  of  the  election  in  the  several 
precincts,  certified  copies  of  the  list  of  qualified  voters  of  the  several  precincts, 
which  said  copies  shall  be  furnished  at  least  four  days  prior  to  said  primary 
election. 

SEC.  105.  The  fourth  Saturday  in  July  in  the  year  1906  and  every  two  years 
thereafter  shall  be  the-  legal  "primary  election  day"  and  primary  elections  to 
nominate  candidates  for  a  general  election  shall  be  held  on  no  other  day  except 
when  specially  authorized.  Any  political  party  may  hold  a  second  primary 
election  on  the  second  Saturday  in  August  to  nominate  candidates  for  a  county 
or  precinct  office  where  a  majority  vote  is  required  to  make  a  nomination;  but 
at  such  second  primary  only  the  two  candidates  who  received  the  two  highest 


votes  at  the  first  primary  for  the  same  office  shall  be  voted  for.  Nominations 
of  candidates  to  be  voted  for  at  any  special  election  shall  be  made  at  a  primary 
election  at  such  time  as  the  party  executive  committee  shall  determine,  but  no 
such  committee  shall  ever  have  the  power  to  make  such  nominations;  provided, 
that  all  precincts  in  the  same  county  and  all  counties  in  the  same  district 
shall  vote  on  the  same  day.  Nominations  of  party  candidates  for  offices  to  be 
filled  in  a  city  or  town  shall  be  made  not  less  than  ten  days  prior  to  the  city 
or  town  election  at  which  they  are  to  be  chosen,  in  such  manner  as  the  party 
"\oo.utive  committee  for  such  city  or  town  shall  direct,  and  all  laws  prescribing 
the  method  of  conducting  county  primary  elections  shall  apply  to  them. 

SEC.  106.  There  shall  be  for  each  political  party  required  by  this  law  to 
hold  primary  elections  for  nomination  of  its  candidates  a  county  executive  com- 
mittee to  be  composed  of  one  member  from  each  voting  or  justice  precinct  in 
such  county,  as  the  party  executive  committee  may  direct,  the  members  of 
which  county  executive  committee  as  well  as  the  county  chairman  and  a  pre- 
cinct chairman  for  each  voting  or  pustice  precinct,  as  the  case  may  be,  shall 
be  elected  by  the  qualified  voters  of  the  county  on  primary  election  day;  pro- 
vided that  in  case  of  a  vacancy  occurring  in  the  office  of  chairman,  county  or 
precinct,  or  any  member  of  such  committee,  such  vacancy  shall  bo'  filled  by  a 
majority  vote  of  said  executive  committee. 

"^ i •:<.".  107.  The  vote  at  all  general  primaries  shall  be  by  official  ballot  which 
shall  have  printed  at  the  head  the  name  of  the  party  and  under  such  head  the 
name  of  all  candidates  those  for  each  nomination  being  arranged  in  the  order 
determined  by  the  various  committees  as  herein  provided  for  beneath  the  title 
of  the  office  for  which  the  nomination  is  sought.  The  voter  shall  erase  or  mark 
out  all  the  names  he  does  not  wish  to  vote  for. 

The  official  ballot  shall  he  printed  in  black  ink  upon  white  paper  and  beneath 
the  name  of  each  candidate  thereof  for  State  and  district  offices  there  shall  be 
printed  the  county  of  his  residence.  The  official  ballot  shall  be  printed  by  the 
county  committee  in  each  county,  which  shall  furnish  to  the  presiding  officer 
of  the  general  primary  for  each,  voting  precinct  at  least  one  and  one-half  times 
as  many  of  such  official  ballots  as  there  are  poll  taxes  paid  for  such  precinct 
as  shown  by  the  tax  collector's  list.  Where  two  or  more  candidates  are  to  be 
nominated  for  the  same  office,  to  be  voted  for  by  the  qualified  voters  of  the 
same  district,  count y.  or  justice  precinct,  such  candidates  shall  be  voted  for 
and  nominations  made  separately  and  all  nominations  shall  be  separately  desig- 
nated on  the  official  ballots  by  numbering  the  same  "1"  "2"  "3"  etc.,  printing 
the  abbreviation  "No."  and  the  designating  number  after  the  title  of  the  office 
for  which  such  nominations  are  to  be  made.  Each  candidate  for  such  nomina- 
tions shall  designate  in  the-  announcement  of  his  candidacy  and  in  his  request 
to  have  his  name  placed  on  the  official  ballot  the  number  of  the  nomination  for 
which  he  desires  to  become  a  candidate  and  the  names  of  all  candidates  so 
requesting  shall  have  their  names  printed  beneath  title  of  the  office  and  the 
number  so  designated.  Each  voter  shall  vote  for  only  one  candidate  for  each 
such  nomination. 

SEC.  108.  Any  person  affiliating  with  any  party  who  desires  his  name  to 
appear  on  the  official  ballot  for  a  general  primary  as  a  candidate  for  the  nomi- 
nation of  such  party  for  any  State  office  shall  file  with  the  State  chairman  not 
later  than  the  first  Monday  in  June  preceding  such  primary,  his  written  request 
that  his  name  be  placed  upon  such  official  ballot  as  a  candidate  for  the  nomi- 
nation named  therein,  giving  his  age  and  occupation,  the  county  of  his  resi- 
dence and  his  postoffice  address,  which  shall  bo  signed  by  him  and'  acknowledged 
by  him  before  some  officer.  Any  twenty-five  qualified  voters  may  likewise  join 
in  the  request  that  the  name  of  any  person  affiliating  with  such  party  be  placed 
upon  the  official  ballot  as  a  candidate  for  any  State  nomination,  giving  fhe, 
occupation,  county  of  residence  and  postollico  address  of  such  person  signing 
and  acknowledging  the  same  as  above  provided,  and  may  file  the  same  with 
the  State  chairman  on  or  prior  to  the  date  above  mentioned  with  the  same 
effect  as  if  such  request  had  been  filed  by  the  party  named  therein  as  a  candi- 
date for  such  nomination.  All  such  requests  shall  be  considered  filed  with  the 
State  chairman  when  they  are  sent  from  any  point  in  this  State  by  registered 
mail  addressed  to  the  State  chairman  at  his  postoffice  address. 

SEX).  109.  On  the  second  Monday  in  June  preceding  each  general  primary 
(lie  State  committee  shall  meet  at  some  place  to  be  designated  by  its  chairman, 


99 

of  which  designation  it  shall  be  the  duty  of  such  chairman  to  notify  by  mail 
all  members  of  said  committee  and  all  persons  whose  names  have  been  requested 
to  be  placed  upon  the  official  ballot  not  less  than  three  days  prior  to  such 
meeting.  Such  committee  at  this  meeting  shall  by  resolution  direct  their  chair- 
man to  certify  to  each  county  chairman  in  the  State  the  names  of  such  candi- 
dates and  county  of  residence  of  each  as  shown  by  the  requests  filed  with  the 
State  chairman.  Copies  of  such  certificates  shall  be  immediately  furnished  to 
each  newspaper  in  the  State  desiring  to  publish  the  same,  and  one  copy  shall  be 
immediately  mailed  to  the  chairman  of  the  executive  committee  of  each  county. 
At  this  meeting  the  State  committee  shall  also  decide  upon  and  publish  the 
place  where  the  State  convention  of  the  party  shall  be  held  on  the  second  Tues- 
day in  August  thereafter. 

SEC.  110.  Any  person  desiring  his  name  to  appear  on  the  official  ballot  as  a 
candidate  for  the  nomination  for  chief  justice  or  associate  justice  of  the  Court 
of  Civil  Appeals,  or  for  representative  in  Congress  or  for  State  senator  or  for 
representative  or  district  judge  or  district  attorney  in  representative  or  judicial 
districts  composed  of  more  than  one  county,  shall  file  with  the  chairman  of 
the  executive  committee  of  the  party  for  the  district,  the  request  prescribed  in 
this  act,  with  reference  to  the  candidate  for  State  nominations,  or  if  there  be  no 
chairman  of  such  district  executive  committee,  then  with  the  chairman 
of  each  county  composing  such  district  not  later  than  the  first  Monday 
in  June  preceding  the  general  primary.  Such  requests  may  likewise  be  filed 
not  later  than  said  date  by  any  twenty-five  qualified  voters  resident  within  such 
district,  signed  and  acknowledged  by  such  voters  in  the  manner  prescribed 
respecting  such  request  signed  by  a  candidate  named  therein.  Immediately 
thereafter  it  shall  be  the  duty  of  each  such  district  chairman  to  certify  the 
name  of  all  persons  for  whom  such  requests  have  been  filed  to  the  county  chair- 
man of  each  county  composing  such  district  and  each  county  committee  shall 
determine  by  lot  the  order  in  which  the  names  of  all  candidates  for  each  such 
district  office  shall  be  printed  upon  the  official  ballot. 

SEC.  111.  Any  person  desiring  his  name  to  appear  on  the  official  ballot  for 
the  general  primary  as  a  candidate  for  the  nomination  for  any  office  to  be  filled 
by  the  qualified  voters  of  a  county  or  a  portion  thereof,  or  for  county  chair- 
man, shall  file  with  the  county  chairman  of  the  county  of  his  residence,  not 
later  than  the  Saturday  before  the  third  Monday  in  June  preceding  such  pri- 
mary, a  written  request  for  his  name  to  be  printed  on  such  official  ballot  as  a 
candidate  for  the  nomination  or  position  named  therein,  giving  his  occupation 
and  postoffice  address,  giving  the  street  and  number  of  his  residence  if  within 
a  city  or  town,  such  request  to  be  signed  and  acknowledged  by  him  before  some 
officer  authorized  to  take  acknowledgment  to  deeds.  Such  request  similarly 
signed  and  acknowledged  by  any  twenty-five  qualified  voters  resident  in  the 
county  may  be  filed  on  or  before  said  date,  requesting  that  the  name  of  any 
person  named  therein  may  be  placed  on  the  official  ballot  as  a  candidate  for 
any  county  or  precinct  office  or  chairmanship,  with  like  effect  as  if  such  request 
was  filed  by  the  person  named  as  a  candidate  therein;  which  request  shall  be 
endorsed  by  the  candidate  named  therein,  showing  his  consent  to  such  candidacy 
if  nominated.  On  the  third  Monday  in  June  preceding  such  general  primary 
the  county  committee  of  each  county  shall  meet  at  the  county  seat  and  deter- 
mine by  lot  the  order  in  which  the  names  of  all  candidates  for  each  nomination 
or  position  requested  be  printed  on  the  official  ballot  shall  be  printed  thereon, 
and  decide  whether  the  nomination  of  county  officers  shall  be  by  majority  or 
plurality  vote,  and  if  by  majority  vote,  the  committee  shall  call  as  many  such 
elections  as  may  be  necessary  to  make  such  nomination,  and  in  case  the  com- 
mittee fails  to  so  decide,  then  the  nomination  of  all  such  officers  shall  be  by 
plurality  vote  cast  at  such  election.  At  such  meeting  the  county  committee 
shall  also  carefully  estimate  the  cost  of  printing  the  official  ballots,  renting 
polling  places  where  same  may  be  found  necessary,  providing  and  distributing 
all  necessary  poll  books.,  blank  statipnery  and  voting  booths  required,  compensa- 
tion of  election  officers  and  clerks  and  messengers  to  report  the  result  in  each 
precinct  to  the  county  chairman,  as  provided  for  herein,  and  all  other  necess;iry 
expenses  of  holding  such  primaries  in  such  counties,  and  shall  apportion  such 
cost  among  the  various  candidates  for  nomination  for  county  and  precinct 
offices  only  as  herein  defined,  and  offices  to  be  filled  by  the  voters  of  such  county, 
or  precinct  only  (candidates  for  State  offices  excepted),  in  such  manner  as  in 


—23— 

their  judgment  is  just  and  equitable,  giving  due  consideration  to  the  impor- 
tance and  emoluments  of  each  such  office  for  which  a  nomination  is  to  be  made, 
and  shall  by  resolution  direct  the  chairman  to  immediately  mail  to  each  person 
whose  name  has  been  requested  to  be  placed  on  the  official  ballot  a  statement 
of  the  amount  of  such  expenses  so  apportioned  to  him,  with  the  request  that 
he  pay  the  same  to  the  county  chairman  on  or  before  the  fourth  Monday  in 
June  thereafter.  At  this  meeting  the  county  chairman  shall  present  to  the 
committee  the  certificates  of  the  chairman  of  the  State  and  the  various  district 
executive  committees,  showing  the  names  of  all  persons  whose  names  are  to 
appear  on  the  official  ballot  as  candidates  for  State  and  district  officers,  and 
shall  appoint,  subject  to  the  approval  of  the  committee,  a  subcommittee  of  five 
members  to  be  known  as  the  primary  committee,  of  which  he  shall  be  ex  officio 
chairman,  which  subcommittee  shall  meet  on  the  second  Monday  in  July  and 
make  up  the  official  ballot  for  such  general  primary  in  such  county,  in  accord- 
ance with  the  certificates  of  the  State  and  district  chairman,  and  the  request 
iiled  with  the  county  chairman,  and  placing  the  name  of  candidates  for  nomi- 
nation for  State,  district,  county  and  precinct  offices  thereon  in  the  order  deter- 
mined by  the  county  executive  committee  as  herein  provided;  provided,  that  the 
name  of  no  person  shall  be  placed  thereon  for  a  county  or  pjecinct  office  who 
has  not  paid  to  the  county  executive  committee  the  amount  of  the  estimated 
expenses  of  holding  such  primary  apportionel  to  him  by  the  county  executive 
committee  as  hereinbefore  provided.  No  candidate  for  a  State  or  district  office, 
unless  such  district  is  composed  of  one  county  only,  shall  be  required  to  pay 
any  portion  of  such  cost,  unless  the  executive  committee  of  the  county  shall 
so  direct,  but  in  no  event  shall  more  than  one  dollar  apiece  be  assessed  against 
any  such  candidate  for  a  State  or  district  office  unless  such  district  is  composed 
of  one  county  only.  If  there  are  no  requests  filed  for  candidates  for  county 
or  precinct  chairman,  a  blank  space  shall  be  left  on  the  ticket  beneath  the 
designation  of  such  position. 

SEC.  112.  All  county  executive  committees  of  organized  political  parties  shall 
meet  the  first  Saturday  after  each  primary  election  to  canvass  the  result  of 
such  election. 

SEC.  113.  It  shall  be  the  duty  of  the  various  county  committees  of  any  politi- 
cal party  on  the  day  and  date  set  apart  by  this  act  for  arranging  for  primary 
elections  to  determine  the  order  in  which  the  name  of  the  various  candidates 
for  State  or  district  or  county  and  precinct  offices  shall  appear  on  the  ticket 
and  said  order  shall  be  determined  by  lot  so  no  preference  shall  be  given  to 
any  candidate, 

SEC.  114.  On  the  fourth  Saturday  in  August  succeeding  each  general  primary 
there  shall  be  held  in  each  district  within  the  State  in  which  any  candidate 
or  candidates  for  any  district  office  are  to  be  elected  at  the  succeeding  regular 
election  a  district  convention  which  shall  be  composed  of  delegates  from  the 
county  or  counties  composing  such  district,  selected  in  the  manner  herein  pro- 
vided, notice  of  the  time  and  place  of  holding  such  convention  shall  be  given 
by  the  executive  committee  of  such  district  at  least  ten  days  prior  to  such 
meeting.  Before  such  convention  assembles  the  executive  committee  of  such 
district  shall  meet  and  elect  one  of  its  number  chairman  of  such  committee, 
shall  prepare  a  list  of  delegates  from  the  various  counties  composing  such  dis- 
trict which  have  been  certified  to  the  district  committee  by  the  chairman  of 
the  various  county  committees,  shall  tabulate  the  vote  cast  in  the  vari- 
ous counties  for  each  candidate  for  district  office,  which  has  been  cer- 
tified to  such  committee  as  provided  in  this  act,  and  shall  also  prepare  a  state- 
ment, showing  the  number  of  convention  votes  which  each  county  in  such  dis- 
trict is  entitled  to  cast  in  said  convention  upon  the  basis  set  forth  in  Section 
120,  of  this  act,  and  shall  present  such  list  of  delegates,  tabulated  vote  and 
convention  vote  to  the  convention  when  it  assembles.  The  district  conven- 
tion shall  then  canvass  the  returns  of  the  votes  cast  in  all  of  the  counties 
of  the  district  for  each  candidate  as  presented  to  them  by  the  district  com- 
mittee, and  shall  declare  the  person  found  to  have  received  the  largest  number 
of  votes  at  the  primary  in  the  district  for  such  office  the  nominee  of  the  party 
for  such  office,  and  the  chairman  and  secretary  of  the  convention  shall  forthwith 
certify  such  nomination  to  the  Secretary  of  State.  But  in  the  event  there  is 
only  one  name  on  the  ballot  for  a  district  office  without  an  opponent  the  dis- 
trict chairman  shall  as  soon  as  practicable  after  the  primary  election  certify 


that  the  person  on  the  ballot  is  the  nominee  of  the  party  ami  that  there  shall 
be  no  convention  held  for  the  purpose  of  declaring  the  result. 

SEC.  114a.  Xo  official  ballot  for  primary  election  shall  have  on  it  any  symbol 
or  device  or  any  printed  matter  except  a  primary  test,  to  be  uniform  through- 
out the  State,  which  shall  read  as  follows :  ''I  am  a 

(inserting  name  of  the  political  party  or  organization  of  which  the  voter  is  a 
member)  and  pledge  myself  to  support  the  nominees  of  this  primary,"  and  any 
ballot  which  shall  not  contain  such  test  printed  above  the  names  of  the  candi- 
dates thereon  shall  be  void  and  shall  not  be  counted.  Such  ballot  shall  also 
contain  the  names  and  residences  of  the  candidates. 

SEC.  115.  On  the  first  Saturday  after  primary  election  day  for  1906,  and 
each  two  years  thereafter,  there  shall  be  held  in  each  county  a  county  con- 
vention of  each  party,  to  be  composed  of  one  delegate  from  each  precinct  in 
such  county  for  each  twenty-five  votes  or  a  major  fraction  thereof  cast  for  the 
party's  candidate  for  governor  at  the  last  preceding  election,  which  delegates 
shall  be  elected  by  the  voters  of  each  precinct  on  primary  election  day  in  such 
manner  as  may  be  prescribed  by  the  county  executive  committee  at  their  meeting 
on  the  second  Monday  in  June,  which  convention  shall  elect  one  delegate  to 
the  State  and  several  district  conventions  for  each  three  hundred  votes  or  a 
major  fraction  thereof,  cast  for  the  party's  candidate  for  Governor  in  such 
county  at  the  last  preceding  general  election,  and  the  delegates  to  the  said 
convention,  so  elected,  or  such  of  them  as  may  attend  the  said  convention,  shall 
cast  the  vote  of  the  county  in  such  conventions.  Immediately  upon  the  ad- 
journment of  each  such  county  convention  the  president  thereof  shall  make  out, 
a  certified  list  of  the  delegates  to  each  of  said  conventions  chosen  by  such 
'county  convention  and  shall  sign  the  same,  the  secretary  of  such  convention 
attesting  his  signature,  and  shall  foward  such  certified  list  by  sealed  registered 
letter  to  the  chairman  of  the  State  and  district  executive  committees,  who  shall 
present  the  same  to  the  respective  committees  at  its  meeting  prior  to  the  con- 
vention, and  from  such  certified  list  the  respective  committee  shall  prepare  a 
temporary  roll  of  those  selected  as  delegates  to  such  convention;  provided  that 
no  proxies  shall  be  allowed  to  or  recognized  in  any  convention  held  by  authority 
of  this  Act  where  a  delegate  from  the  county  is  present  in  the  convention. 

SEC.  116.  All  party  State  conventions  to  announce  a  platform  of  principles 
and  announce  nominations  for  Governor  and  State  offices  shall,  except  as  other- 
wise provided,  meet  at  such  places  as  may  be  determined  by  the  parties  respec- 
tively on  the  second  Tuesday  in  August,  A.  D.  1906,  and  every  two  years  there 
after,  and  they  shall  remain  in  session  from  day  to  day  until  all  nominations 
are  announced  and  the  work  of  the  convention  is  finished;  provided,  that 
said  convention  shall,  among  other  things,  elect  a  chairman  of  the  executive 
committee  and  31  members  thereof,  one  from  each  senatorial  district  of  the 
State,  the  members  of  said  committee  to  be  recommended  by  the  delegates  rep- 
resenting the  counties  composing  the  senatorial  districts  respectively,  each  county 
voting  its  convention  strength,  each  of  whom  shall  hold  said  office  until  his  MIC 
cessor  is  elected,  and  in  case  of  a  vacancy,  a  .majority  of  the  members  of  said 
committee  shall  fill  the  same  by  electing  some  eligible  person  thereto. 

SEC.  117.  On  primary  election  day  in  1906  and  every  two  years  thereafter, 
candidates  for  Governor  and  for  all  other  State  offices  to  be  chosen  by  a  vote 
of  the  entire  State,  and  candidates  for  Congress  and  all  district  offices  to  be 
chosen  by  the  vote  of  any  district  comprising  more  than  one  county,  to  be  nomi- 
nated by  each  organized  political  party  that  cast  one  hundred  thousand  votes 
or  more  at  the  last  general  election  shall  together  with  all  candidates  for  offices 
to  be  filled  by  the  voters  of  a  county  or  of  a  portion  of  a  county,  be  nominated 
in  primary  elections  by  the  qualified  voter?  of  such  party.  The  chairman  of  the 
executive  committee  in  each  county  shall,  as  soon  as  the  vote  cast  in  the  pri- 
mary election  has  been  counted  and  canvassed  as  herein  provided  for,  prepare 
a  tabulated  statement  of  the  votes  cast  in  his  county  for  each  candidate  for 
each  nomination  for  a  State,  district,  county  or  precinct  office,  and  of  that  cast 
for  county  chairman,  as  shown  by  the  canvass  made  by  the  county  executive 
committee,  and  shall  immediately  mail  such  statement  as  to  a  otate  or  district 
office  in  a  sealed  envelope  by  registered  letter  to  the  chairman  of  the  State 
executive  committee,  and  district  executive  committee,  respectively,  who  shall 
present  the  same  to  the  State  and  district  committee  at  its  meeting  to  be  held 
as  herein  provided;  provided  that  the  county  executive  committee  may  deter- 


—25— 

mine  whether  the  nomination  of  county  officers  shall  be  by  a  majority  or 
plurality  vote  in  such  county,  and  if  by  a  majority  vote,  then  the  committee 
may  call  as  many  such  elections  as  may  be  necessary  to  make  such  nomination. 

SEC.  118.  Every  certificate  of  nomination  made  by  the  president  of  the 
State  convention  or  by  the  chairman  of  any  executive  committee  must  state 
when,  where,  by  whom  and  how  the  nomination  was  made;  and  no  name  shall 
appear  on  the  official  ballot  except  that  of  a  candidate  who  was  actually  nomi- 
nated in  accordance  with  the  provisions  of  this  act.  No  executive  committee 
shall  ever  have  any  power  of  nomination  except  where  a  nominee  has  died  or 
declined  the  nomination  as  provided  in  Section  50  of  this  act. 

SEC.  119.  On  the  Monday  preceding  the  second  Tuesday  in  August  1906,  and 
every  two  years  thereafter,  the  State  executive  committee  shall  meet  at  the 
place  selected  for  the  meeting  of  the  State  convention,  and  shall  open  and 
canvass  the  returns  of  the  primary  election  as  to  nominations  for  State  officers, 
as  certified  by  the  various  county  chairmen  to  the  State  chairman  for  each 
county,  and  shall  prepare  a  tabulated  statement  showing  the  number  of  votes 
received  by  each  such  candidate  in  each  county,  which  statement  shall  be  ap- 
proved by  the  State  committee  and  certified  by"  its  chairman.  At  this  meeting 
the  State  committee  shall  also  prepare  a  complete  list  of  the  delegates  elected 
to  the  State  convention  from  each  county  as  certified  to  the  State  chairman  by 
each  county  chairman.  The  State  chairman  shall  present  said  tabulated  state- 
ment and  said  list  of  delegates  to  the  chairman  of  the  State  convention  imme- 
diately after  its  temporary  organization  on  the  following  day,  for  its  approval 
or  disapproval. 

SEC.  120.  The  State  convention  shall  canvass  the  vote  cast  in  the  entire 
State  for  each  candidate  for  each  State  office  as  shown  by  the  statement  thereof 
presented  to  it  by  the  State  committee,  and  shall  declare  the  candidate  for 
each  State  office  who  has  received  the  largest  number  of  votes  in  the  primary 
election  for  such  State  office  the  nominee  of  the  party  for  such  office  and  the 
chairman  and  secretary  of  the  State  convention  shall  forthwith  certify  all  such 
nominations  to  the  Secretary  of  State.  Each  county  in  the  State  or  district 
convention  shall  be  entitled  to  one  vote  for  each  five  hundred  votes  or  major 
fraction  thereof  cast  for  the  candidate  for  Governor  of  the  political  party 
holding  the  convention  at  the  last  preceding  primary  election.  In  case  at  such 
primary  election  there  were  cast  for  such  candidate  for  Governor  less  than  five 
hundred  votes  in  any  county,  then  all  such  counties  shall  have  one  vote;  pro- 
vided any  political  party  in  this  State  in  convention  assembled  shall  never 
place  in  the  platform  or  resolutions  of  the  party  they  represent  any  demand 
for  specific  legislation  on  any  subject,  unless  the  demand  for  such  specific  legis- 
lation shall  have  been  submitted  to  a  direct  vote  of  the  people,  and  shall  have 
been  endorsed  by  a  majority  vote  of  all  the  votes  cast  in  the  primary  election 
of  such  party.  Provided  further,  that  all  laws  and  parts  of  laws  in  conflict 
herewith  be  and  the  same  are  hereby  repealed;  provided  that  the  State  executive 
committee  shall  on  petition  of  ten  per  cent  of  the  voters  of  any  party,  as  shown 
by  the  last  primary  election  vote,  submit  any  such  question  or  questions  to  the 
voters  at  the  general  primary  next  preceding  the  State  convention. 

SEC.  121.  On  primary  election  day,  when  candidates  for  State,  district, 
county  and  precinct  offices  are  nominated  the  voters,  of  each  organized  political 
party  shall  vote  for  a  chairman  of  the  county  executive  committee  and  the 
result  shall  be  reported  to  the  county  clerk,  and  the  county  chairman  thus 
elected  shall  at  once  enter  upon  the  discharge  of  the  duties  of  such  position ; 
the  said  county  chairman  shall  be  ex  officio  a  member  of 'the  executive  com- 
mittee of  all  districts  of  which  his  county  is  a  part,  and  the  district  committee 
thus  formed  shall  elect  its  own  chairman;  and  all  chairmen  and  members  of 
the  different  executive  committees  in  existence  when  this  law  becomes  effective 
shall  remain  in  office  until  their  successors  are  elected,  as  provided  herein. 

SEC.  122.  The  places  of  holding  primary  elections  of  political  parties  in  the 
various  precincts  of  the  State  shall  not  be  within  one  hundred  yards  of  the 
place  at  which  such  elections  or  conventions  are  held  by  a  different  political 
party.  When  the  chairmen  of  the  executive  committees  of  different  parties 
can  not  agree  on  the  places  where  precinct  primary  elections  to  be  held  on 
the  same  day  shall  be  held  such  places  in  each  precinct  shall  be  designated  by 
the  county  judge,  who  shall  cause  public  notice  thereof  to  be  given  at  once  in 


—26— 

some  newspaper  in  the  county,  or  if  there  he  none,  by  posting  notices   in  some 
public  place  in  the  precinct. 

SEC.  123.  All  the  precinct  primary  elections  of  a  party  shall  be  conducted 
by  a  presiding  judge  to  be  appointed  by  a  chairman  of  the  county  executive 
committee  of  the  party  with  the  assistance  and  approval  of  at  least  a  majority 
of  the  members  of  the  county  executive  committee.  Such  presiding  judge  shall 
select  an  associate  judge  and  two  clerks  to  assist  in  conducting  the  election; 
two  supervisors  may  be  chosen  by  any  one-fourth  of  the  party  candidates,  who 
with  the  judges  and  clerks  shall  take'  the  oath  required  of  such  officers  in  gen- 
eral elections.  Two  additional  clerks  may  be  appointed,  but  only  when  in  the 
opinion  of  the  presiding  judge  there  will  be  more  than  one  hundred  votes  polled 
at  the  primary  election  in  the  precinct.  No  one  shall  serve  as  judge,  clerk  or 
supervisor  at  a  primary  election  unless  he  has  paid  his  poll  tax.  The  executive 
committee  shall  have  general  supervision  of  the  primary  in  such  county  and 
shall  be  charged  with  the  full  responsibility  for  the  distribution  of  all  supplies 
necessary  for  holding  same  in  each  precinct  to  the  presiding  judge  thereof.  If 
the  duly  appointed  presiding  officer  shall  fail  to  obtain  from  the  executive  com- 
mittee the  supplies  for  holding  such  election  such  committee  shall  deliver  the 
same  to  the  precinct  chairman  for  such  precinct,  and  if  unable  to  deliver  the 
same  to  such  presiding  officer  or  precinct  chairman  not  less  than  twenty-four 
hours  prior  to  the  time  of  opening  the  polls  for  such  primary,  such  committee 
shall  deliver  the  same  to  any  qualified  voter  of  the  party  residing  in  such  pre- 
cinct, taking  his  receipt  therefor  and  appointing  him  to  hold  such  election  in 
case  such  presiding  officer  or  precinct  chairman  shall  fail  to  appear  at  the  time 
prescribed  for  opening  the  polls. 

SEC.  124.  No  official  ballot,  either  for  a  primary  or  general  election  shall 
have  on  it  any  symbol  or  device  or  any  printed  matter  except  that  which  is 
authorized  by  law,  and  no  ballot  cast  in  violation  of  this  section  shall  be 
counted  for  any  candidate.  Provided,  that  the  executive  committee  of  the  party 
for  any  county  shall  print  on  the  primary  ticket  the  names  of  all  persons 
whose  names,  not  less  than  thirty  days  prior  to  the  day  of  the  primary  shall 
be  requested  to  be  printed  thereon  as  candidates  for  United  States  Senator,  and 
the  executive  committee  shall  forward  to  each  nominee  of  the  party  for  State 
Senator  or  Representative  voted  for  by  the  others  of  such  county,  a  certified 
statement  of  the  vote  cast  in  the  county  for  each  such  candidate. 

SEC.  125.  The  polls  at  primary  election  shall  be  open  at  eight  o'clock  in  the 
morning  and  closed  at  seven  o'clock  in  the  evening  of  the  same  day  and  the 
election  shall  be  held  for  one  day  only. 

SEC.  126.  Any  one-fourth  of  the  candidates  whose  names  appear  on  the 
'official  ballot  may  on  the  day  preceding  the  election  or  prior  thereto  agree,  in 
writing  signed  by  them,  upon  two  supervisors  who  when  selected  shall  be  sworn 
as  election  officers  and  while  the  election  is  being  held  they  shall  remain  in 
view  of  the  ballot  boxes  until  the  count  is  concluded,  and  they  shall  report  any 
fraud  or  irregularity  occurring  to  the  next  grand  jury. 

SEC.  127.  The  law  prohibiting  the  sale  of  intoxicating  liquor  on  election  day 
applies  to  primary  elections  with  all  its  prohibitions  and  the  officers  of  pri- 
mary elections  shall  not,  on  primary  election  day,  partake  of  spirituous,  vinous, 
malt  or  intoxicating  liquors  after  the  polls  are  open. 

SEC.    128.     The   voting   booths,   ballot  boxes   and   guard   rails   prepared   for   a 
.  general   election   may  be  used  by  the  organized  political   party  nominating  by 
primary   election   that  cast  over   one  hundred   thousand  votes   at   the   last   pre- 
ceding general  election. 

SEC.  128a.  Each  and  every  incorporated  town  and  city  in  the  State  of  Texas, 
whether  incorporated  under  general  or  special  laws,  may  make  nominations  for 
office  in  the  following  manner:  In  each  of  said  cities  and  towns  there  shall  be 
an  executive  committee  for  each  political  party,  consisting  of  a  city  chairman 
and  one  member  for  each  ward  in  said  city  or  town,  and  in  case  said  city  or 
town  is  not  divided  into  wards,  then  there  shall  be  selected  four  members  of 
said  committee  in  addition  to  the  city  chairman.  In  all  cities  and  towns 
which  now  have  a  duly  selected  executive  committee  the  same  shall  serve  until 
the  next  city  election,  and  in  cities  and  towns  having  no  executive  committee 
the  county  chairman  of  the  political  party  desiring  to  make  nomina- 
tions in  such  cities  and  towns  shall  appoint  an  executive  committee  to  serve 
until  the  next  city  election  shall  be  held,  and  in  each  city  and  town  in  this 


—27— 

Stale  in  which  a  political  party  may  desire  to  make  nominations  there  shall 
be  held,  at  least  thirty  days  prior  to" the  regular  election,  an  election  at  which 
there  may  be  nominated  by  each  political  party,  officer.-,  to  be  selected  at  the 
next  city  election,  and  at  which  said  election  there  shall  be  selected  the  execu- 
tive committee  for  said  city  or  town  herein  provided  for,  and  in  all  such  city 
primary  elections  the  provisions  of  the  law  relating  to  primary  elections  and 
general  elections  shall  be  observed.  The  executive  committee  herein  provided 
for  may  decide  whether  or  not  nominations  shall  be  made  by  such  political  party 
in  such  city  or  town,  and  in  case  it  is  decided  that  no  nomination  shall  be  made 
such  executive  committee  shall  call  a  meeting  of  the  members  of  such  political 
party  at  least  thirty  days  prior  to  a  regular  election,  at  which  a  new  executive 
committee  shall  be  selected  to  serve  during  the  ensuing  term;  provided,  that 
this  act  shall  not  be  construed  to  prevent  independent  candidates  for  city  offices 
from  having  their  names  upon  the  official  ballot,  as  provided  for  in  Section  99 
of  this  p.ct. 

SEC.  129.  The  county  tax  collector  shall  deliver  to  the  chairman  of  the 
county  executive  committee  of  each  political  party,  for  its  use  in  primary 
elections,  at  least  five  days  before  election  day,  certified  lists  of  the  qualified 
voters  of  each  precinct  in  the  county,  arranged  alphabetically  and  by  precincts, 
who  have  paid  their  poll  tax  or  received  certificates  of  exemption,  and  it  shall 
be  the  duty  of  such  chairman  to  place  the  same  in  the  hands  of  the  election 
officers  of  each  election  precinct  before  the  polls  are  open,  and  no  primary 
.election  shall  be  legal  unless  such  list  is  obtained  and  used  for  reference  during 
the  election.  For  each  list  of  all  the  qualified  voters  of  the  county  who  have 
paid  their  poll  taxes  and  received  their  certificates  of  exemption,  the  collector 
shall  be  permitted  to  charge  not  more  than  five  dollars,  the  same  to  be  paid 
by  the  party  or  its  chairman  so  ordering  said  lists;  provided,  that  the  charge 
of  five  dollars  shall  be  in  full  for  the  certified  lists  of  all  the  voters  of  the 
county  arranged  by  precincts,  as  above  provided. 

SEC.  130.  All  ballots  given  to  the  election  judges  of  the  precinct  by  the 
executive  chairman  or  some  member  of  the  executive  committee  shall  be  used 
and  accounted  for  as  in  general  elections. 

SEC.  131.  All  returns  of  precinct  primary  elections  properly  signed  and  cer- 
tified as  correct  by  the  judges  and  clerks  thereof,  showing  the  vote  cast  for 
eacli  candidate,  shall  be  sealed  and  immediately  delivered  after  such  primary 
election  to  the  chairman  of  the  county  executive  committee  of  the  party.  Such 
party  chairman  shall  give  notice  to  the  members  of  the  county  executive  com- 
mittee to  assemble  at  the  county  seat  of  the  county  on  the  first  Saturday  after 
the  first  primary  election,  and  said  returns  shall  then  be  open  under  the  direc- 
tion of  such  executive  committee  and  canvassed  by  them.  They  shall  then 
make  a  list  of  the  candidates  who  have  received  the  highest  vote  for  office  and 
the  chairman  of  the  executive  committee  shall  certify  to  the  same  and  deliver 
it  to  the  county  clerk  of  the  county,  who  shall  cause  the  names  of  the  candi- 
dates who  have  received  the  necessary  vote  to  nominate  as  directed  by  the 
county  executive  committee  for  each  office  to  be  printed  in  some  newspaper 
published  in  the  county,  and  if  no  newspaper  be  published  in  a  county  then  he 
shall  post  a  list  of  such  names  in  at  least,  five  public  places  in  the  county,  one 
of  which  shall  be  upon  the  door  of  the  court  house  in  said  county;  provided, 
that  all  objections  to  the  regularity  or  validity  of  the  nomination  of  any  person 
whose  name  appears  in  said  list  shall  be  made  within  five  days  after  such 
printing  or  posting  by  a  notice  in  writing  filed  with  the  county  clerk,  setting 
forth  the  grounds  of  objections.  In  case  no  such  objection  is  filed  within  the 
time  prescribed,  the  regularity  or  validity  of  the  nomination  of  no  person  whose 
name  is  so  printed  or  posted  shall  be  thereafter  contested.  After  said  names 
have  been  so  printed  or  posted  for  the  period  above  required,  the  said  clerk 
shall  cause  said  names  to  be  printed  on  the  official  ballot  in  the  column  for 
the  ticket  of  that  party;  provided,  that  as  to  candidates  for  Governor  or  for 
an  office  to  be  filled  by  all  the  voters  of  the  State  or  of  any  district  composed 
of  more  than  one  county,  the  chairman  of  the  county  executive  committee  and 
its  secretary  shall  certify  the  number  of  votes  cast  for  each  of  such  candidates 
and  cause  the  same  to  be  published  in  some  newspaper  of  the  county,  if  there 
be  one,  and  deliver  his  certificate  of  the  vote  cast  for  each  candidate  for  such 
office  to  the  president  of  the  next  State  convention  of  the  party  in  the  manner 
required  elsewhere  in  this  act,  and  certify  the  vote  cast  for  each  district  office 


—28— 

to  the  chairman  of  the  district  committee;  provided,  that  nothing  in  this  sec- 
tion shall  prevent  the  holding  of  the  county  convention  at  the  time  named  in 
this  section  for  the  meeting  of  the  executive  committee  for  the  purpose  of  count- 
ing and  declaring  the  result,  but  the  chairman  of  the  executive  committee  shall 
certify  the  result  as  above  required. 

SEC.  132.  It  shall  be  the  duty  of  the  county  clerk  of  each  county  to  post 
in  a  conspicuous  place  in  his  office  for  the  inspection  and  information  of  the 
public  the  names  of  all  candidates  that  have  been  lawfully  certified  to  him 
to  be  printed  on  the  official  ballot  for  at  least  ten  days  before  he  orders  the 
same  to  be  printed  on  said  ballot,  and  he  shall  order  all  the  names  of  the  can- 
didates so  certified  printed  on  the  official  ballot  as  herein  otherwise  provided, 
and  in  case  the  county  clerk  refuses  or  willfully  neglects  to  comply  with  this 
requirement  he  shall  be  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a 
fine  of  not  less  than  two  hundred  dollars  nor  more  than  five  hundred  dollar-. 
or  to  hard  labor  on  the  public  roads  of  the  county  in  which  the  offense  was 
committed,  for  any  period  of  time  not  less  than  sixty  days  nor  more  than  one 
year,  or  both  of  such  penalties. 

SEC.  133.  If  on  counting  the  vote  in  a  primary  election  it  shall  appear  that 
for  a  county  or  precinct  office  the  largest  vote  has  been  cast  for  two  candidates 
for  the  same  office  and  that  they  have  each  received  the  same  number  of  votes, 
the  chairman  of  the  executive  committee  shall  in  the  presence  of  the  executive 
committee  or  the  county  convention  (as  the  case  may  be)  cast  lots  for  the 
nomination  in  such  manner  as  they  may  direct  and  in  the  presence  of  the  rival 
candidates  if  they  desire  to  be  present  and  declare  and  certify  the  result  of 
that  candidate  who  is  successful  by  lot. 

SEC.  134.  Judges  of  primary  elections  have  the  same  authority  and  it  shall 
be  their  duty  to  administer  oaths,  to  preserve  order  at  the  election,  to  appoint 
special  officers  to  enforce  the  observance  of  order  and  to  make  arrests  as  is 
conferred  on  judges  of  general  elections.  Such  judges  and  officers  shall  compel 
the  observance  of  the  law  that  prohibits  loitering  or  electioneering  within  one 
hundred  feet  of  the  entrance  of  the  polling  place  and  shall  arrest  or  cause  to 
'be  arrested  any  one  engaged  in  the  work  of  conveying  voters  to  the  polls  in 
carriages  or  other  mode  of  conveyance  except  as  permitted  by  this  act. 

SEC.  135.  The  same  precautions  required  by  law  to  secure  the  purity  of  the 
ballot  box  in  general  elections  in  regard  to  the  ballot  boxes,  locking  the  ballot 
boxes,  sealing  the  same,  watchful  care  of  them,  the  secrecy  in  preparing  the 
ballot  in  the  booth  or  places  prepared  for  voting,  shall  be  observed  in  all  pri- 
mary elections. 

SEC.  136.  Returns  shall  be  made  within  four  days  to  the  chairman  of  the 
executive  committee  by  the  precinct  judges  of  the  ballot  boxes  containing  the 
ballots  voted,  locked  and  sealed,  tally  sheets,  return  sheets,  ballots  mutilated 
and  defaced,  and  ballots  not  voted,  for  which  he  shall  account  to  the  executive 
committee  of  the  county. 

SEC.  137.  No  immaterial  error  made  by  any  officer  of  a  primary  election 
or  any  immaterial  violation  of  the  primary  election  laws  by  an  elector  shall 
vitiate  any  election  held  under  this  act.,  nor  be  the  cause  of  throwing  out  the 
vote  of  any  election  precinct. 

SEC.  138.  No  more  than  three  ballots  in  succession  shall  be  furnished  a 
voter  who  mutilates  or  otherwise  spoils  his  ballot,  and  the  judges  may,  as  in 
general  election,  require  a  voter  before  he  receives  an  official  ballot  to  surrender 
to  them  any  ballot  or  paper  on  which  is  written  or  printed  any  names  for 
which  the  voter  has  agreed  to  vote  or  been  requested  to  vote. 

SEC.  139.  Any  political  party  desiring  to  elect  delegates  to  a  national  con- 
vention shall  hold  a  State  convention  at  such  place  as  may  be  designated  by 
the  State  executive  committee  of  said  party  on  the  fourth  Tuesday  of  May, 
1908,  and  every  four  years  thereafter.  Said  convention  shall  be  composed  of 
delegates  duly  elected  by  the  voters  of  said  political  party  in  the  several  counties 
of  the  State  at  primary  conventions  to  be  held  on  the  first  Saturday  in  May, 
1908,  and  every  four  years  thereafter. 

Said  primary  convention  shall  be  held  between  the  hours  of  10  o'clock  a.  m. 
and  8  o'clock  p.  in.  These  primary  conventions  shall  elect  delegates  to  the 
county  convention  of  the  several  counties,  which  shall  be  held  on  the  first  Tues- 
day after  the  first  Saturday  in  May,  1908,  and  every  four  years  thereafter. 

The  qualified  voters  of  each  voting  precinct  of  the  county  shall   assemble  on 


—29— 

the  date  named  and  shall  U  presided  over  by  a  chairman  who  shall  have  been 
previously  appointed  by  the  county  executive  committee  of  the  party  and  shall 
be  a  qualified  voter  in  said  election  precinct  and  said  convention  may  elect  from 
among  their  number  a  secretary  and  such  other  officers  as  may  be  necessary 
to  conduct  the  business  of  the  convention. 

The  chairman  of  said  convention  shall  possess  all  the  power  and  authority 
that  is  given  to  election  judges  under  the  provisions  of  this  act.  Before  trans- 
acting any  business  the  chairman  shall  make  or  cause  to  be  made  a  list  of  all 
qualified  voters  present  and  the  name  of  no  person  shall  be  entered  upon  said 
list  nor  shall  he  be  permitted  to  vote  or  to  participate  in  the  business  of  such 
convention  until  it  is  made  to  appear  that  he  is  a  qualified  voter  in  said  precinct 
from  a  certified  list  of  qualified  voters  the  same  as  is  required  in  conducting  a 
general  election. 

After  the  convention  is  organized  as  above  provided  it  shall  elect  its  dele- 
gates to  the  county  convention  and  transact  such  other  business  as  may  prop- 
erly come  before  it. 

The  officers  of  said  convention  shall  keep  a  written  record  of  its  proceedings, 
including  a  list  of  the  delegates  elected  to  the  county  convention,  which  record 
shall  constitute  the  returns  from  said  convention.  The  same  shall  be  signed 
officially,  sealed  up  and  safely  transmitted  by  the  officers  thereof  to  the  chair- 
man of  the  county  executive  committee  of  the  party  and  to  be  used  by  the 
executive  committee  in  making  up  a  roll  of  the  delegates  to  the  county  conven- 
tion. 

SEC.  140.  Whenever  delegates  are  to  be  selected  by  any  political  party  to  any 
State  or  county  convention  by  primary  election  or  primary  convention  or  can- 
didates are  instructed  for  or  nominated  it  shall  be  the  duty  of  the  chairman 
of  the  county  or  precinct  executive  committee  of  said  political  party  upon  the 
application  of  ten  per  cent  of  the  members  of  "said  party  (who  are  legally 
qualified  voters  in  said  county  or  precinct)  to  submit  at  the  time  and  place 
of  selecting  said  delegates  any  proposition,  desired  to  be  voted  upon  by  said 
voters,  and  the  delegates  selected  at  that  time  shall  be  considered  instructed 
for  whichever  proposition  for  which  a  majority  of  the  votes  are  cast;  provided, 
that  the  number  of  voters  belonging  to  said  political  party  shall  be  determined 
by  the  votes  cast  for  the  party  nominee  for  Governor  at  the  preceding  election ; 
and  provided  further,  that  said  application  is  filed  with  the  county  or  precinct 
chairman  at  least  five  days  before  the  tickets  are  to  be  printed,  and  the 
chairman  may  require  a  sworn  statement  that  the  names  of  said  applicants 
are  genuine. 

SEC.  141.  All  contests  for  a  primary  election  or  nomination  of  a  convention, 
based  on  charges  of  fraud  or  illegality  in  the  method  of  conducting  the  election, 
or  fraud  or  illegality  in  selecting  the  delegates  to  the  convention,  or  in  certify- 
ing to  the  convention,  or  in  nominating  candidates  in  State,  district,  county  or 
municipal  conventions,  or  in  issuing  certificates  of  nominations  from  such  con- 
ventions the  same  shall  be  decided  by  the  executive  committee  of  the  State, 
district,  county  or  municipal,  as  the  nature  of  the  office  may  require,  each 
executive  committee  having  control  in  its  own  jurisdiction.  The  complaining 
candidate  shall  within  five  days  after  the  result  has  been  declared  by  the 
committee  of  the  convention  cause  a  notice  to  be  served  on  the  chairman  or  some 
member  of  the  executive  committee  in  which  he  shall  state  specifically  the 
grounds  of  his  contest;  also  shall  serve  or  cause  to  be  served  on  the  opposing 
candidate  a  copy  of  such  notice,  at  least  five  days  prior  to  the  date  set  for 
hearing  by  the  committee.  If  special  charges  of  fraud  or  illegality  in  the  con- 
duct of  the  election  or  in  the  manner  of  holding  the  convention,  or  in  the 
manner  of  making  nominations  are  made  and  not  otherwise,  the  chairman,  or 
in  case  he  fails  or  refuses,  any  member  of  the  committee  shall  within  ten  days 
after  the  primary  election,  or  the  convention,  convene  the  executive  committee, 
who  shall  then  examine  the  charges,  hear  evidence  and  decide  in  favor  of  the 
party  who,  in  their  opinion,  was  nominated  in  the  primary  election  or  in  the 
convention,  provided  that  before  any  advantage  can  be  taken  of  the  disregard 
or  violation  of  any  directory  provision  of  the  law,,  it  must  appear  that  but  for 
such  disregard  or  violation  the  result  would  have  been  different.  In  all  con- 
tests between  candidates  for  State  office,  the  committee  shall  hold  its  hearing 
in  the  city  of  Austin,  Travis  county,  unless  some  other  place  is  agreed  upon 
by  the  parties,  and  in  all  contests  between  candidates  for  any  district,  county 


—30— 

or  municipal  or  precinct  office  the  committee  may  hold  its  hearing  at  its  elec- 
tion either  in  the  county  of  the  residence  of  the  contestee,  or  in  any  county 
where  the  fraud  or  illegality  complained  of  is  alleged  to  have  occurred,  or  at 
such  other  place  as  the  parties  may  agree  upon.  When  the  committee  lias  de- 
cided the  contest,  the  executive  chairman  shall  immediately  certify  their  finding 
to  the  officers  charged  with  the  duty  of  providing  the  official  bnllot,  and  the 
name  of  the  candidate  in  whose  favor  the  executive  committee  shall  find,,  shall 
be  printed  on  the  official  ballot  for  the  general  election.  The  executive  com- 
mittee may,  if,  in  their  opinion,  the  ends  of  justice  require  it.  unlock  and 
unseal  the  ballot  boxes  used  in  the  precinct  where  fraud  or  illegality  is  charged 
to  have  been  used,  and  examine  their  contents,  after  which  they  shall  be  sealed 
and  delivered  to  the  county  clerk. 

The  certificate  of  nomination  issued  by  the  president  or  chairman  of  the 
nominating  convention  shall  be  subject  to  review  upon  allegations  of  fraud  or 
illegality  mentioned  in  this  section  and  other  provisions  of  the  Act  of  1905, 
both  by  the  courts  and  executive  committees,  and  the  courts  and  such  executive 
committees  are  hereby  given  concurrent  jurisdiction. 

SEC.  142.  Any  executive  committee  or  committeeman  or  primary  election 
officer  or  other  person  herein  charged  with  any  duty  relative  to  the  holding  of 
the  primary  election  or  the  canvassing  determination  or  declaration  of  the  result 
thereof  may  be  compelled  by  mandamus  to  perform  the  same  in  accordance  with 
the  provisions  of  this  act. 

SEC.  143.  Ballot  boxes  after  being  used  in  primary  elections  shall  be  re- 
turned with  the  ballots  cast,  or  contained  in  each  box  as  they  were  deposited 
by  the  election  judges,  locked  and  sealed,  to  the  county  clerk,  and  unless  there 
be  a  contest  for  a  nomination  in  which  fraud  or  illegality  is  charged  they  shall 
be  unlocked  and  unsealed  by  the  county  clerk  and  their  contents  destroyed  by 
the  county  clerk  and  the  county  judge  without  examination  of  any  ballot,  at 
the  expiration  of  sixty  days  after  such  primary  election. 

PAYING   FOB   ELECTION    SUPPLIES    AND' FOB  OFFICIAL   SEBVICES. 

SEC.  144.  The  collector  of  taxes  shall  be  paid  fifteen  cents  for  each  poll  tax 
receipt  and  certificate  of  exemption  issued  by  him  to  be  paid  pro  rata  by  the 
State  and  county  in  proportion  to  the  amount  of  poll  tax  received  by  each,  and 
this  shall  include  his  compensation  for  administering  oaths,  furnishing  certified 
lists  of  qualified  voters  in  election  precincts  for  use  in  all  general  elections  and 
primary  conventions,  when  desired,  and  for  all  duties  required  of  him  under 
this  act  provided,  that  collectors  whose  salaries  are  fixed  by  what  is  known 
as  the  fee  bill,  shall  receive  ten  cents  for  each  poll  tax  receipt  and  certificate 
of  exemption  issued  by  him,  and  such  fees  shall  be  ex  officio  and  not  accountable 
under  said  fee  bill. 

SEC.  145.  The  sheriff  or  any  constable  for  serving  copies  of  the  order  desig- 
nating the  bounds  of  election  precincts,  or  the  election  judges,  posting  notices 
and  for  serving  all  other  writs  or  notices  prescribed  by  this  act,  shall  be  paid 
the  amounts  allowed  by  statutes  for  serving  civil  process.  For  delivering  elec- 
tion supplies  to  precinct  judges,  when  they  are  not  obtained  by  such  judges  in 
person  he  shall  be  paid  such  amount  as  may  be  allowed  by  the  commissioners 
court,  not  to  exceed  two  dollars  for  each  election  precinct. 

SEC.  146.  Judges  and  clerks  of  general  and  special  elections  shall  be  paid 
two  dollars  a  day  each,  and  the  judge  who  delivers  the  returns  of  election  im- 
mediately after  the  votes  have  been  counted  shall  be  paid  two  dollars  for  that 
service,  provided  the  polling  place  of  his  precinct  is  at  least  two  miles  from 
the  court  house,  and  provided  also  he  shall  make  returns  of  all  election  supplies 
not  used  when  he  makes  return  of  the  election. 

SEC.  147.  All  expenses  incurred  in  providing  voting  booths,  stationery. 
official  ballots,  wooden  or  rubber  stamps,  tally  sheets,  polling  lists,  instruction 
cards,  ballot  boxes,  envelopes,  sealing  wax  and  all  other  supplies  required  for 
conducting  a  general  or  special  election  shall  be  paid  for  by  the  county,  except 
the  cost  of  supplying  booths  for  cities,  which  shall  be  provided  for  as  required 
by  former  laws;  provided,  that  all  accounts  for  supplies  furnished  or  services 
rendered  shall  first  be  approved  by  the  county  commissioners  court,  except  the 
accounts  for  voting  booths  for  cities 


—31— 

PENALTIES. 

SKC.  148.  Any  person  who  is  found  guilty  of  a  misdemeanor  under  this  act 
>hall  be  subject  to  a  fine  of  not  less  than  two  hundred  dollars  nor  more  than 
live  hundred  dollars,  or  to  hard  labor  on  the  public  roads  of  the  county  in  which 
the  offense  was  committed  for  any  period  of  time  not  less  than  sixty  days  nor 
more  than  one  year,  or  to  both  such  penalties. 

Six  .  140.  Any  person  who  at  a  general,  special  or  primary  election  willfully 
votes  or  attempts  to  vote  in  any  other  name  than  his  own,  or  who  votes  or 
attempts  to  vote  more  than  once  is  guilty  of  a  misdemeanor. 

SKC.  150.  Any  person  who  fraudulently  or  willfully  does  anything  in  viola- 
1  ion  of  this  act  to  affect  the  result  of  any  primary,  special  or  general  election 
is  guilty  of  a  misdemeanor  unless  some  other  penalty  for  such  act  is  specially 
provided  for. 

SEC.  151.  Any  person  who  being  an  officer,  clerk  or  employe  of  the  county 
collector  of  taxes,  precinct  jud^e  or  clerk  of  election  who  knowingly  puts  in 
the  certified  list  of  qualified  voters  of  a  precinct  any  other  number  than  that 
written  when  the  poll  tax  receipt  or  certificate  of  exemption  was  issued;  or 
who  knowingly  delivers  to  or  receives  from  any  voter  any  poll  tax  receipt  or 
certificate  of  exemption  on  which  is  placed  any  other  name  than  that  first 
written  when  it  was  issued,  is  guilty  of  a  misdemeanor. 

SEC.  152.  Any  collector  of  taxes,  or  any  one  in  his  employ,  who  willfully 
fails  or  refuses  to  transcribe  correctly  from  the  original  poll  tax  receipt  or 
certificate  of  exemption  and  insert  in  the  duplicate  retained  in  the  col- 
lector's office  the  name  and  other  description  of  the  citizen  required  by 
law  to  be  given  by  him,  or  who  fails  to  transcribe  correctly  from  the  duplicate 
kept  in  the  collector's  office  and  insert  in  the  list  of  qualified  voters  of  a  pre- 
cinct the  name  and  description  of  the  citizen  as  contained  in  said  duplicate, 
or  who  issues  a  poll  tax  receipt  after  the  first  day  of  February  in  any  year, 
bearing  a  date  prior  to  the  first  day  of  February,  or  who  willfully  fails  to  keep 
said  original  duplicate  securely  locked  up  when  the  same  are  not  being  used 
or  permits  them  to  be  mutilated,  defaced,,  lost  or  destroyed,  or  who  conceals, 
alters  or  destroys  them,  is  guilty  of  a  misdemeanor. 

SEC.  153.  Any  judge  or  clerk  of  an  election,  chairman  or  member  of  a  paty 
executive  committee,  or  officer  of  a  primary,  special  or  general  election,  who 
willfully  makes  any  false  canvass  of  the  votes  cast  at  such  election,  or  a  false 
statement  of  the  result  of  a  canvass  of  the  ballots  cast,  is  guilty  of  a  felony, 
and  upon  conviction  shall  be  punished  by  confinement  in  the  penitentiary  not 
less  than  two  years  nor  more  than  five  years, 

SEC.  154.  Any  judge,  clerk,  chairman  or  member  of  an  executive  committee, 
collector  of  taxes,  county  clerk,  sheriff,  county  judge  or  judge  of  an  election, 
president  or  member  of  a  State  convention,  or  Secretary  of  State  who  willfully 
,  fails  or  refuses  to  discharge  any  duty  imposed  on  him  by  this  law,  is  guilty 
of  a  misdemeanor  unless  the  particular  act  under  some  other  section  of  the 
law  is  made  a  felony. 

SEC.  155.  Any  judge  of  an  election  or  primary  who  willfully  or  knowingly 
permits  a  person  to  vote,  whose  name  does  not  appear  on  the  list  of  qualified 
voters  of  the  precinct,  and  who  fails  to  present  his  poll  tax  receipt  or  certifi- 
cate of  exemption,  or  makes  affidavit  of  its  loss  or  that  it  was  misplaced,  or 
inadvertently  left  at  home,  except  in  cases  where  no  certificate  of  exemption 
or  tax  receipt  is  required,  is  guilty  of  a  misdemeanor. 

SEC.  156.  Any  judge,  clerk,  supervisor  or  other  person  who  may  be  in  the 
room  where  an  election,  either  primary,  special  or  general,  is  being  held,  who 
there  indicates  by  a  word,  writing,  sign  or  token  how  he  desires  a  citizen  to 
vote  or  not  to  vote,  shall  be  fined  not  less  than  two  hundred  nor  more  than 
five  hundred  dollars,  and  shall  in  addition  be  confined  in  jail  or  worked  as  a 
convict  on  the  public  road  not  less  than  ten  nor  more  than  thirty  days. 

SEC.  157.  Any  person  who  knowingly  becomes  agent  to  obtain  a  poll  tax 
receipt  or  certificate  of  exemption,  except  as  provided  by  this  act,  or  any  one 
who  gives  money  to  another  to  induce  him  to  pay  his  poll  tax  is  guilty  of  a 
disdemeanor. 

SEC.  158.  If  any  person  intrusted  with  the  transmission  to  the  precinct 
election  judge  of  official  ballots,  sample  cards,  instruction  cards,  distance  mark- 
ers or  other  election  supplies  or  who,  being  entrusted  with  the  same,  willfully 


—32— 

fails  to  deliver  or  return  the  same,  or  does  any  act  to  defeat  the  delivery  or 
return  of  the  same,,  or  being  a  person  to  whom  may  be  legally  intrusted"  the 
ballots  cast  at  an  election,  shall  open  and  read  a  ballot,  or  permit  it  to  be  done, 
is  guilty  of  a  misdemeanor. 

SEC.  159.  Any  person  who  shall  do  any  electioneering  or  loitering  within 
one  hundred  feet  of  the  entrance  of  the  place  where  the  election  is  to  be  held 
or  who  shall  hire  any  vehicle  for  the  purpos  of  conveying  voters  to  the  polling 
place,  or  shall  willfully  remove  any  ballots  from  the  polling  place,  except  as 
permitted  by  law,  except  when  in  marking,  or  who  being  a  voter  shall  show  his 
ballot  so  as  to  reveal  the  vote  cast  by  him  or  marks  it  otherwise  than  is  re- 
quired by  law  for  identification,  or  who  being  a  voter  shall  deliver  to  the  pre- 
cinct judge  of  election  any  other  ballots  than  the  one  delivered  to  him  by  the 
judge  at  the  polling  place,  is  guilty  of  a  misdemeanor. 

SEC.  160.  Any  person  who  lends  or  contributes  or  offers  or  promises  to  lend 
or  contribute  or  pay  any  money  or  other  valuable  thing  to  any  voter,  to  influ- 
ence the  vote  of  any  other  person,  whether  under  the  guise  of  a  wager  or  other- 
wise, or  to  induce  any  voter  to  vote  or  refrain  from  voting  at  an  election  for 
or  against  any  person  or  persons,  or  for  or  against  any  particular  proposition 
submitted  at  an  election,  or  to  induce  such  voter  to  go  to  the  polls  or  to  remain 
away  from  the  polls  at  an  election,  or  to  induce  such  voter  or  other  person  to 
place  or  cause  to  be  placed  his  name  unlawfully  on  the  certified  list  of  qualified 
voters  that  is  required  to  be  furnished  by  the  county  tax  collector,  is  guilty 
of  a  felony,  and  on  conviction  shall  be  punished  by  confinement  in  the  peni- 
tentiary not  less  than  one  year  nor  more  than  five  years,  and  in  addition  shall 
forfeit  any  office  to  which  he  may  have  been  elected  at  the  election  with  refer- 
ence to  which  such  offense  may  have  been  committed,  and  is  rendered  incapable 
of  holding  any  office  under  the  State  of  Texas. 

SEC.  161.  Any  person  who  gives  or  offers  to  give  any  office,  employment  or 
thing  of  value,  or  promises  to  secure  any  office,  thing  of  value  or  employment 
to  or  for  any  voter  or  to  or  for  any  other  person  to  vote  or  refrain  from  voting 
at  an  election  for  or  against  any  person,  or  for  or  against  any  proposition  sub- 
mitted at  an  election,  or  to  obtain  his  certificate  of  exemption,  is  guilty  of  a 
felony  and  upon  conviction  shall  be  punished  by  confinement  in  the  peniten- 
tiary not  less  than  three  nor  more  than  five  years,  and  in  addition  shall  forfeit 
any  office  to  which  he  may  have  been  elected,  and  becomes  ineligible  to  any 
office  to  which  he  may  have  been  elected,  and  becomes  ineligible  to  any  other 
public  office. 

SEC.  162.  The  penalty  prescribed  in  the  last  preceding  section  against  those 
who  violate  any  of  its  provisions  shall  be  imposed  on  any  one  who  receives  or 
agrees  to  receive  any  money,  gift,  loan  or  other  thing  of  value,  for  himself  or 
any  other  person,  for  voting,  or  agreeing  to  vote,  for  going  or  agreeing  to  go 
to  the  polls  on  election  day,  or  for  remaining  away,  or  agreeing  to  remain  away 
from  the  polls  on  election  day,  or  for  refraining  or  agreeing  to  refrain  from 
obtaining  his  poll  tax  receipt 'or  certificate  of  exemption,,  or  for  obtaining  or 
agreeing  to  obtain  the  same,  or  for  voting  or  agreeing  to  vote  for  or  against  any 
particular  person  or  proposition  submitted  to  a  vote  of  the  people. 

SEC.  163.  Any  candidate  for  any  public  office  who  fails  to  file  with  the 
county  judge  of  his  county  within  ten  days  after  the  date  of  a  primary  or 
general  election  an  itemized  statement  of  all  money  or  things  of  value  paid  or 
promised  bv  him  before  or  during  his  candidacy  for  such  office,,  including  his 
traveling  expenses,  hotel  bills  and  money  paid  to  newspapers,  and  make  affidavit 
to  the  correctness  of  such  account,  showing  to  whom  paid  or  promised,  whether 
he  was  elected  or  not,  is  guilty  of  a  mKlomeunor.  and  on  conviction  shall  be 
fined  not  less  than  two  hundred  nor  more  than  five  hundred  dollars,  may  be 
sentenced  to  work  on  the  county  roads  not  less  than  thirty  days  nor  more 
than  twelve  months. 

SEC.  164.  Any  candidate  for  office  or  other  person  who  pays  or  procvires 
another  to  pay  th,e  poll  tax  of  a  citizen,  except  as  is  permitted  by  law,  is  guilty 
of  a  felony,  and  shall  be  punished  by  confinement  in  the  penitentiary  not  less 
than  two  nor  more  than  five  years. 

SEC.  165.  When  two  persons  are  parties  to  the  same  act  in  violating  any 
provisions  of  the  election  laws  of  this  State,  either  party  may  be  required  to 
testify  regarding  the  same,  but  the  one  testifying  shall  not  thereafter  be  prose- 
cuted for  such  illegal  act. 


SEC.  1015.  The  offenses  and  penalties  <le~crihe<i  in  this  act  shall  be  given 
specially  in  charge  by  district  judges  to  grand  juries,  and  whenever  this  duty 
is  neglected  by  a  district  judge  it  shall  be  the  duty  of  the  next  grand  jury  to 
make  a  formal  report  of  such  neglected  duty  to  the  court.  District  judges  shall 
in  every  charge  to  a  grand  jury  emphasize  the  importance  of  pure  elections  as 
necessary  to  preserve  free  government  and  direct  them  to  search  diligently  and 
to  present  all  infractions  of  the  election  laws  of  this  State. 

Sir.  ir»7.  Anything  published  in  a  newspaper,  pamphlet  or  printed  journal 
in  favor  of  or  in  opposition  to  any  candidate  for  any  public  office,  or 
in  favor  of  or  in  opposition  to  any  proposition  submitted  to  a  vote  of  the  people 
when  the  same  is  published  in  consideration  of  the  receipt  or  promise  of 
money  or  thing  of  value,  shall  be  known  as  political  advertising;  and  any 
editor,  publisher,  manager  or  agent  of  any  newspaper,  pamphlet  or 
printed  journal  who  shall  publish  political  advertising  other  than  as 
advertising  matter,  which  shall  be  labeled  at  the  beginning  or  end 
thereof  with  the  word  "advertisement,"  or  who  shall  knowingly  and 
willfully  demand  or  receive  for  the  publication  of  such  political  advertising 
money  or  other  thing  of  value  in  excess  of  the  sum  or  sums  due  for  such 
service  at  the  regular  advertising  rates  of  such  newspaper,  pamphlet  or  printed 
journal,  or  any  person  who  shall  pay  or  offer  to  pay  the  'editor,  publisher,  man- 
ager or  agent  of  any  newspaper,  pamphlet  or  printed  journal  for  such  service 
any  money  or  other  thing  of  value  in  excess  of  the  sum  or  sums  due  at  regular 
advertising  rates,  or  any  person  who  shall  pay  or  offer  to  pay  any  editor,  pub- 
lisher, manager  or  agent  of  a  newspaper,  pamphlet  or  printed  journal  an  money 
or  thing  of  value  for  the  publication  of  political  advertising,  except  as  adver- 
tising matter,  shall  be  punished  by  a  fine  of  not  less  than  five  hundred  dollara 
nor  more  than  one  thousand  dollars,  and  sentenced  to  imprisonment  in  the 
county  jail  or  to  work  on  the  county  road  not  less  than  ten  nor  more  than 
thirty  days;  provided,  however,  that  nothing  herein  contained  shall  be  con- 
strued as  applying  to  announcements  of  candidates  for  office. 

SEC.  168.  If  any  editor  or  manager  of  a  newspaper  or  printed  journal,  or 
if  any  person  or  persons  having  control  thereof,  shall  demand  or  receive  any 
money,  thing  of  value,  reward  or  promise  of  future  benefit  for  publishing  any- 
thing as  editorial  matter  in  advocacy  of  or  opposition  to  any  candidate,  or  for 
or  against  any  proposition  submitted  to  a  vote  of  the  people,  he  or  they,  and 
also  the  individual  or  parties  offering  such  reward  shall  be  punished  as  in  the 
last  preceding  section,  and  if  the  offense  be  committed  by  the  president  of  any 
corporation,  or  by  any  officer  thereof  with  the  knowledge  or  consent  of  its 
president,  in  addition  to  punishment  of  the  individual  its  charter  shall  be  for- 
feited. Either  party  to  a  violation  of  this  and  the  preceding  section  may  be 
compelled  to  testify  regarding  thereto,  but  shall  not  be  punished  for  any  act 
regarding  which  he  may  have  been  required  to  testify. 

SEC.  169.  Any  tax  collector  who  'shall  deliver  a  tax  receipt  or  certificate  of 
exemption  to  any  one  except  the  one  entitled  thereto  and  at  the  time  when 
the  tax  is  paid  or  the  certificate  of  exemption  is  applied  for,  except  as  specially 
permitted  by  this  act,  shall  be  punished  by  a  fine  of  not  less  than  one  hundred 
dollars  nor  more  than  one  thousand  dollars,  and  shall  be  removed  from  office. 

SEC.  170.  Any  person  who  loans  or  advances  money  to  another  knowingly  to 
be  used  for  paying  the  poll  tax  of  such  other  person,  is  guilty  of  a  misdemeanor. 

SEC.  171.  Any  person  who  votes  or  offers  to  vote  at  a  "primary  election  or 
convention  of  a  political  party,  having  voted  at  a  primary  election  or  conven- 
tion of  any  other  party  on  the  same  day,  is  guilty  of  a  misdemeanor. 

SEC.  172.  Any  judge  of  election  who  willfully  permits  the  removal  of  ballots 
before  the  closing  of  the  polls,  or  refuses  to  receive  a  ballot  after  a  citizen  has 
legally  folded  and  returned  same,  or  refuses  to  deliver  to  a  citizen  entitled  to 
vote  under  the  law  an  official  ballot,  or  willfully  fails  to  keep  order  within  the 
polling  place,  or  permits  any  person  except  the  clerks  and  judges  of  election 
or  those  who  enter  for  the  purpose  of  voting,  to  come  within  the  guard  rail,  or 
knowingly  permits  any  one  to  remove,  alter  or  deface  a  stamp  number  or  sig- 
nature legally  placed  on  a  ballot  for  future  identification,  is  guilty  of  a  mis- 
demeanor. 

SEC.  173.  Any  chairman  of  a  county  executive  or  district  or  State  executive 
committee  who  is  charged  with  the  duty  of  certifying  the  names  of  the  candi- 
dates selected  by  a  primary  convention  or  primary  election  or  elections,  who 


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wilfully  omits  to  certify  the  name  of  any  candidate  legally  chosen  or  who 
certifies  wisely  regarding  any  one  chosen  or  defeated,  is  guilty  of  a  misdemeanor 
SEC.  174.  Any  person  who,  during  an  election,  willfully  defaces  or  injures 
an  election  booth  or  compartment,  or  willfully  removes  any  of  the  supplies 
provided  for  elections,  or  before  the  closing  of  the  polls  willfully  defaces  or 
destroys  any  list  of  candidates  to  be  voted  for  at  an  election  which  has  been 
posted  in  accordance  with  law,  is  guilty  of  a  misdemeanor. 

SEC.  175.  Any  person  or  corporation  who  refuses  to  an  employe  entitled  to 
vote  the  privilege  of  attending  the  polls,  or  subjects  such  employe"  to  a  penalty 
or  reduction  of  wages  because  of  the  exercise  of  such  privilege  is  guilty  of  a 
misdemeanor. 

SEC.  176.  If  any  person  shall  open  or  keep  open  any  barroom,  saloon  or 
wholesale  liquor  house,  where  vinous,  malt,  spirituous  or  intoxicating  liquors 
are  sold,  during  any  portion  of  the  day  on  which  an  election  is  held  for  any 
purpose  or  office  in  the  voting  precinct,  town  or  city  where  such  election  is  held, 
or  shall  in  such  voting  precinct,  village,  town  or  city,  sell,  barter  or  give  away 
any  vinous,  rnalt,  spirituous  or  intoxicating  liquor  during  the  day  of  such  elec- 
tion, or  if  any  person  shall  carry  or  cause  to  be  carried  to  the  polling  place  on 
the  day  of  election  any  such  liquor  for  the  purpose  of  sale,  gift  or  drinking 
the  same,  or  if  any  person  shall  find  and  take  possession  of  any  liquor  at  or 
near  the  polling  place,  or  inform  another  of  its  whereabouts,  he  shall  be  deemed 
guilty  of  a  misdemeanor;  provided,  that  such  liquors  may  be  sold  on  election 
day  by  a  drug  store  to  fill  a  prescription  of  a  physician,  who  shall  at  the  time 
certify  in  writing  on  honor  that  it  is  needed  by  his  sick  patient,  leaving  such 
certificate  with  the  druggist. 

SEC.  177.  Any  person  who  attempts  to  falsely  personate  at  an  election 
another  person,  and  vote  or  attempt  to  vote  on  the  authority  of  a  poll  tax 
receipt  or  certificate  of  exemption  not  issued  to  him  by  the  county  tax  collector, 
is  guilty  of  £  felony,  and  shall  be  punished  by  hard  labor  within  the  walls  of 
a  penitentiary  not  less  than  three  nor  more  than  five  years. 

SEC.  178.  If  any  person  shall  make  a  false  affidavit  that  his  poll  tax  receipt 
or  certificate  of  exemption  has  been  lost  or  mislaid,  or  willfully  and  corruptly 
induce  another  to  make  such  affidavit,  he  shall  be  punished  by  imprisonment 
in  the  penitentiary  not  less  than  three  nor  more  than  five  years. 

SEC.  179.  If  any  person  shall  willfully  alter  or  obliterate,  suppress  or  de- 
stroy any  ballots,  election  returns  or  certificates  of  election,  he  shall  be  deemed 
guilty  of  a  felony  and  shall  be  punished  by  imprisonment  in  the  State  peni- 
tentiary not  less  than  three  nor  more  than  five  years. 

SEC.  180.  Any  collector  of  taxes  who  shall  knowingly  or  willfully  issue  and 
deliver  a  poll  tax  receipt  or  certificate  of  exemption  to  a  fictitious  person  shall 
be  punished  by  confinement  in  the  State  penitentiary  not  less  than  three  nor 
more  than  five  years. 

SEC.  181.  Any  one  to  whom  a  poll  tax  receipt  or  certificate  of  exemption 
may  be  intrusted  for  safe  keeping,  who  refuses  on  the  demand  of  the  owner  to 
return  the  same  to  the  owner  thereof,  before  any  primary  election  day  or  pri- 
mary convention  day  and  before  any  general  election  day  shall  be  deemd  guilty 
of  a  misdemeanor. 

SEC.  182.  Any  person  who  shall  sell,  pledge,  loan  or  deposit  his  poll  tax 
receipt  or  certificate  of  exemption  for  money  or  any  other  thing  of  value  shall 
be  deemed  guilty  of  a  misdemeanor,  and  the  person  who  purchases,  borrows  or 
obtains  possession  of  the  same  by  way  of  pledge  or  loan  is  guilty  of  a  mis- 
demeanor. Either  of  the  parties  to  such  wrongful  act  may  be  compelled  to 
appear  and  testify  in  a  proceeding  against  the  other,  but  he  shall  not  thereafter 
be  arrested  or  punished  for  his  participation  in  such  wrongful  act. 

SEC.  183.  If  any  person  intrusted  with  the  transmission  to  the  precinct 
election  judges  of  official  ballots,  poll  tax  receipts  and  exemption  certificate  rolls, 
sample  cards,  instruction  cards,  and  all  supplies  required  to  conduct  an  election, 
or  who,  being  intrusted  with  the  transmission  of  election  returns.,  or  election 
boxes,  willfully  fails  to  deliver  within  the  time  required  by  this  act,  or 
willfully  does  any  act  to  defeat  the  delivery  thereof,  or  not  being  a 
person  intrusted  therewith,  shall  do  any  act  to  defeat  the  due  delivery  of  such 
election  returns,  election  supplies,  election  boxes,  or  who  being  an  officer  or 
person  with  whom  may  be  legally  intrusted  the  ballots  cast  at  an  election,  shall 


—35— 

open  or  read  any  ballot,  or  permit  it  to  be  done,  except  as  provided  by  law  in 
the  discharge  of  his  duty,  shall  be  guilty  of  a  misdemeanor. 

SEC.  184.  Any  person  who  fails  to  keep  securely  any  ballot  box  containing 
ballots  voted  at  an  election,  when  committed  to  his  charge  by  one  having  author- 
ity over  the  same,  shall  be  guilty  of  a  misdemeanor. 

SEC.  185.  Any  person  who  willfully  fails  or  refuses  to  file  within  ten  days 
after  an  election,  with  the  county  clerk  of  the  county  of  his  residence,  any 
report  or  itemized  statement  required  by  this  act,  or  who  knowingly  files  a  false 
or  incomplete  statement  thereof,  shall  be  guilty  of  a  misdemeanor. 

SEC.  186.  Any  county  clerk  or  other  officer  charged  by  this  act  with  the 
duty  of  preparing  or  having  printed  the  official  ballot  at  any  general  or  special 
election,  and  any  county  chairman  or  a  member  or  members  of  the  county 
executive  committee  of  any  political  party  hereby  charged  with  the  duty  of 
preparing  or  having  printed  the  official  ballot,  to  be  used  at  any  primay  elec- 
tion of  such  party,  who  fails  or  refuses,  except  in  cases  permitted  by  law,  to 
have  the  name  of  any  candidate  or  candidates  whose  nominations  have  been 
certified  to  him  placed  or  printed  on  such  official  ballot,  shall  be  guilty  of  a 
felony,  and  upon  conviction  shall  be  punished  by  confinement  in  the  penitentiary 
for  not  less  than  one  nor  more  than  five  years. 

SEC.  187.  Any  person  in  the  civil  or  military  service  of  the  United  States 
in  this  State  who  by  threats,  bribery,  menace  or  other  corrupt  means  attempts 
to  control  or  controls  the  vote  of  an  elector,  or  annoys,  injures  or  punishes  him 
for  the  manner  in  which  he  exercises  his  elective  franchise  in  any  election,  is 
guilty  of  a  misdemeanor,  and  may  be  arrested  and  tried  at  any  future  time 
when  he  may  be  found  in  Texas. 

SEC.  188.  Any  corporation  or  officer  thereof  who  directly  or  indirectly  fur- 
nishes, loans  or  gives  any  money  or  thing  of  value  to  aid  those  who  manage 
the  political  campaign  of  any  candidate  or  candidates,  or  to  any  campaign  man- 
ager or  to  any  particular  candidate  or  person  to  promote  the  success  of  such 
candidate  for  public  office,  shall  be  guilty  of  a  misdemeanor,  and  if  a  corpora- 
tion, if  the  act  was  done  with  the  approval  or  connivance  of  its  president  finan- 
cial agent  or  treasurer,  forfeits  its  charter.  It  shall  be  the  duty  of  the  Attorney 
General  to  institute  proceedings  for  such  forfeiture  whenever  it  is  made  known 
to  him  by  the  affidavit  of  a  reputable  man  that  in  his  opinion  such  offense  has 
been  committed.  The  officers,  agents  and  employes  of  such  corporation  as  also 
the  candidate,  and  all  persons  connected  with  his  political  headquarters,  shall 
be  competent  witnesses,  and  may  be  compelled  to  attend  court  and  testify,  and 
those  shall  not  be  subject  to  prosecution  who  reveal  facts  showing  a  violation 
of  this  section. 

SEC.    189.     Any  judge   of  an  election   or  an    interpreter  who,   in   assisting  a 
voter  to  prepare  his  ballot,  shall  prepare  the  same  otherwise  than  the  way  the 
r  himself  shall  direct,  shall  be  deemed  guilty  of  a  misdemeanor. 

SEC    190.     Any  officer  or  employe  of  the  State,  or  of  a  political  subdivision 
reof,    who    directly   or   indirectly   uses   his   authority  or   official   influence   to 
>mpel  or  induce  any  officer,  clerk  or  employe  of  the  State,  or  any  political  sub- 
division thereof,  to  subscribe,  pay  or  promise  to  pay,  any  political  assessment, 
shall  be  guilty  of  a  misdemeanor. 

SEC.   191.     Any  person  who,  while  holding  a  public  office,  or  seeking  a  nomi- 
nation  or   appointment  thereof,   corruptly  uses  or  promises  to  use    "directly  or 
(directly,  any  official  authority,   or  influence  possessed  or  anticipated,   in " any 
way  to  aid  any  person  in  securing  an  office  or  public  employment,  or  any  nomi- 
nation,  confirmation,   promotion,  appointment   or  increase   of  salary,   upon  con- 
sideration that  the  vote  or  political  influence  or  action  of  the  person  so  to  be 
nted,  or  any  other  person,  shall  be  given  or  used  in  behalf  of  any  candidate, 
officer  or   party,  or  upon  any  other  corrupt   consideration,  is  guilty  of  a  mis- 
demeanor. 

SEC.    192.     Any   head   of   any   of   the   departments   of   State,   or   other   public 
iicer,  who  shall  demand  or  receive  any  money  or  thing  of  value  from  any  clerk 
•r  other  person  in  his  office,  for  his  election  expenses,  or  to  reimburse  him  for 
money   already  expended,   or  who   shall   remove   from  any  office  any   competent 
clerk  who  declines  to  make  such  contribution,  shall  be  deemed  guilty  of  a  mis- 
demeanor. 

SEC.  193.     Any  person  who  knowingly  and  willfully  procures  from  any  court 
clerk   or   other   officer   a  certificate   of  naturalization,    which   has   been   allowed, 


—36— 

signed  or  sealed  in  violation  of  tlio  laws  of  the  United  States  or  of  this  State, 
with  intent  to  enable  him  or  any  other  person  to  vote  at  any  election,  when  he 
or  such  person  is  not  entitled  by  the  laws  of  the  United  States  to  bec"ome  a  citizen 
or  to  exercise  the  elective  franchise,  is  guilty  of  a  felony,  and  upon  conviction 
shall  be  punished  by  confinf-ment  in  the  penitentiary  not  less  than  five  nor 
more  than  ten  years. 

SEC.  194.  This  act  is  cumulative  as  to  elections  and  penalties  for  violating 
the  election  laws  of  this  Stale;  except  that  it  shall  repeal  the  election  act 
approved  by  the  Governor  April  1,  1903;  provided,  that  this  act  shall  not 
interfere  with  or  repeal  any  lo-al  option  or  special  laws  of  this  State,  except 
as  herein  specially  provided  ami  set  forth. 


C  09337 


YC  09337 


257179 


